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1000-68.-4-16.1
TEST HOLE N2 TEST HOLE Ti TEST HOLE So� SM .1 LAOM0LB STANDARD SUBDIVISION FOR THE T°rRAM NEE ouIENCE MaDauALo GEOscIRCE -HLEI TYPICAL DETAIL FOR LOT H IS JANUARY 200E U]HOLO, NY oN p9 JANUARI 2002 ORIGINAL ORBB LL 15 ORIGINAL GR°OND EL ID W.N I� ,A,/_ PROPERTY OF BARRY SAVITS eNo, EauY EARN NO nFf. "/rMMl mw " OF1e gN]s SITUATE — -N 'cANAT PECONIC, TOWN OF SOUTHOLD AAH — PAMEE CROWN TON. T I PALE BROWN FINE TO SUFFOLK COUNTY, N.Y. . 1 ` COAREE SAND OWWANOW � '\m ELEVATION F HIGHEST EXPECTED GROUND WATER (LOT #I)1) = 1.5 e' T O ; \\ 70 TEST HOLE#1 h �" I AN —AM ynglHEREB cERnFH DLIr THE WATER sproL s ANN OR sEW,AGE THBYR SURVEYED FOR: BARRY SAVITS o zwA'µ cXfOrzC°uF"cF B,1' TROURRATER F NE YY) / BROWN CUYEY SANG SC // 0 �^„ pe YMPLEr CAPE LED MNAN. �l.O �r ill(s FOR iH15 PROJECT WERE DESIGNED NINE UNDER I!!DIRECTOR Tom, , #1000-068-04-016.1 11 y FW6/ EXPECTED AT EL LS V U N A GRENL ANO MO ROUGH STAY OF SNE SOIL, SIZE ANO GROUND LAff BROWN FINE 10 TEST OLE p2 ' M ; �p �¢\SC/yF. LBNI TIONS, ALL LO. As PROESSM,, CONFORY To THE RTETCLK SLOW uMSI NO SV o`\`\ 2 ! JEWr F He r s Es D-ORLDn°N IDANan°s w EFFECT AS OF ZONED R-80 GUARANTEED TO. HI LOST ECATTEN FYSCIEX[F ` E� crecuxpwAT£re AT EL 15 zo m { ` wniER IN P.VE eROwN V BAftftY SAVITS 149 \ $ .\\` y` �_ FINE TO LOOSE SAND SW MOSS IN PALE I. R ND `II DO C JOsmH MTscnEm, P FOR SCOPE USE ONLY FINE TO CORSE HAND SW AD \ I I I 1 � m n 11p5 HOBIRr Rd0 !' / X (A SoUFNOEO, NY 119]1 �7 o�.°N ? sr-]ss-ansa _ z1 1V N �'�` p,,,e. A ) }I `` QL S LBO N0. 0546�� 4A y ;� �`\IQ\ \�� 2>, �CFES310N�y SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES D I LOT a.. FEB 0 4 2005 FEB 0 2 4,I''LE�'\s LAOI 1 HAUPPAUCE. NY m I \ Ian a " sm; )1;1 ,y1OF 5� \%`. >, s.F. FEB 0 8 2008 {f EC�ES: "+`� /x`X` N/F SEPENOSKI NO WELLS OR CESSPOOLS WITHIN G,O� ` � 5 T ' / i 150' OF THIS SUBDIVISION MIS Is TO TERMY MAT THE PROPOSED RUIN SuORASION OR DEVELOPMENT FOR sTMOMm �®mspx `J C� y/ p� FOR ME PROPERTY BE HARRY SAM LOCATED IN THE TOWN OF SWIHOIL WIRY ATOTAL OF THREE LOTS AO 0 i . S __ ` 0 P / ` WAS APPROVED M TRE AGOVE HATE, WATER SHIFTS AND EENERME pI�PO�LL 1A ARIES MUST CON- /, y 'MD / I FORM TO CONSTROTTLEN 4ANNM°E IN FEFLi AT THE TIME BE CONSTRUCTOR AND ARE SUBJECT Co.- AS U j S\\\ Y'Oy fL 35 -``. /y�z' / `/ 1 5(I r0 SEPARATE PERNnS PUR54M TO THOSE SThVWR05 1NI5 APPRWAL SHALL BE V,Wp ONLY IF I I 2e THE REALTY SUSEWSI°No DOLOPMENT MAP IS DULY PLO NOR SHE COUNTY CIERN NFLYN ONE YEAR OF TRIS ENT IS HEREBY GNEH FOR THE FlLING Of THIS MM ON WHICH THIS M- ! °ORSEMEM APPEARS IN WE METE °F THE COUNTY LI£RR W ACCORDANCE MB PROVIEIONS OF THE PUBLIC HEALTH UW ANO ME SULPHUR CLOW SANITARY CN°E 30�`•�, S X: 2 i '4uo a N°n RJ ....EL 20 ` Bs`9jsR0,. !/�fN" Y vIm A. MIxFJ. Pc AlPy+ , I w F ` IYNELTOR, OM fM OF ENWRONMETTIR rAL CHAY AT 'a" " I T , i % % RRO xo. SIFEJECT TO ==PA"GS mm N 90' O'2r0'E 5O. O / PROPOSED HORSE_ M � %? cEsspO>;/ PBrvNCORRAL/PADDOCK �\ oI PouR $". AAAMAD—F0 .mu=s,°m IFACmX° A k [ �5 / —moi ° ff" " / / TOTAL AREA OF SOBDIVISON.......12.454 ACRES o TINT a9zs �` ' 0o m PoOEm ��' \` ' �y{O / MINUS...WETLANO$_...L54 ACRES S 1 POND 1 04 / POND 2 .03 ` NaTe HOusE munoN SWEPT To CHASE em e x° N/F SEPENOSKI LOT 1 1 23 ACRES nucwna Et9ncus "2� � // N LOT 2 1.03 ACRES NF1 WIN° 74 .-60' _ � IF / TOTAL WETLANDS AND LOTS = 3 87 ACRES SUBTOTAL = 9.594 ACRES F6 \\ 160,010 BUILDING BUFFER AREA = 73 ACRES ;" \` % ;W / A TOTAL AREA REMAINING IS 7.854 ACRES ' Bo LOT 3 26 PERCENTAGE OF AREA REMAINING TO TOTAL AREA = 63.06% a 1 o I ���. M\rtnwt MY TOTAL LOr AREA 1016 .1. i a A.D R O` z i, 00 i 2 x ,,---------- ED100' 1 ; N a �. N/F SEPENOSKI i AO o i °% - J�Fw a.e' Z \fG TS 1 N, N i _ 'I.w UAL m I 1 i �' Iq�o, Xts 40'10'00"W A? I T 1 "F 66 ° 1 9wuY 20.79• 1 1 'fi'E`' �l>'� Q IIA , IA` 9T sa nr 'F.P�' R.Mrs INLET PARCEL (PEcorvlc wLm) suBlEcr .AEA ` Y Ur N o,,A I� ' S-� `I NY•• 1, TYPICAL FOR TYPICAL FOR N II 4 1 0 \\ .rA° e AW IN-11SzY 21- hOi LOT #1 LOT #'2 W n 1- N,EPOE MILL ROA 6 PM REGYLAr P . aW a 9n EL 25 I � 4'i a 6 ERESHWPiEP NO WELLS OR CESSPOOLS WITHIN `I N/F SEPEISKI 150' OF THIS SUBDIVISION ham` - �O 'I ( ' KEY MAP 0 i j a NO WELLS Oq CESSPOOLS WITHIN _ e ,, STATE1•=fioO' - 2X A6 150' OF THIS SUBDIVISION m,. ,o,"a„ TO NOTE CLEARING AND CMGINC WRIIIN GCII LOT SHOULD RE THE AMOUR BE CLEARING ALM. BY RIWN MARC IS AS FOLLOWS 'C 10P'u LIMITED TO HAAT WHICH Is NECOSTARY FOR SMNO LOT 1 50Z "% j ,�� ._..W �tiv+�i.�i erg PA SE° CONSRDMIT HOUSE MUT THE HENT OF PRE- SHE As POSSIBLE" OF, MRHE TB MINIMIZE ETRRW WATER ESN-N OR E LOT 2 503 TH, IT Q ROAD • ROAD 1 MILL R BFT ANN EROSION _ SA 3w B9O WYA Df SmAfhnV?6 TOWO s&Restrictions W E. ADE. IFRRPY �ME THE su1NEY OF PROPE n sxB A�f,T Cry i0 �,}IO'tricti00" COV00SOLS$l ReStrietiuRc 1 S OW°N WAS CON AND THAT THE Po5 ONs BNUMENIS A SV fL p•rya���� �� n2dlYs D N HEREBR ➢ ILALL RRELT APYY�,�"�v f,vv'D s,RAGE.,�:'s..- bflER_L'.2.*j0RAGE ]_$�.,... II �suftvEYED 12 aucusr less PIFu„'6^d m/ ,' '.D N43ER1. ` APR 1 7 2007 SCALE I"= IDD' ,.D TYPICAL WELL I AREA = 542,498 S F GUARAMEES INDICATEO HERE ON SMALL NOW / / NOT TO SCALE SDLlllmd T9'.tlll OR ONLY TO WE PERSON FOR WHOM Tl£SURVEY DATE ��3 G y SPECIFICATIONS p011111 CCBId ! '� rs FRTEARER ANN Ory AS eE 1 ro me fe”MIN � .� f 72 454 ACRES ]TILE COMPANY EN, ,MENTAL AGENCY, F CRABE MINIMUM SCREEN SUALL SHALL D S FEE[ LENDING INSTINIpN, IF psl£O HEROIN, AND 2, plil£55 ADAPTORS SHALL BE USED ON ALL WELLSS f'\A^E&fF14^O.'914A,9YYMWnem-F r - 4�•1 TM1?14iLiv✓ y IS THE ASSIGNEES OF TEL LFNOIAG IMET"ION S. WAIEMSHT SANITARY WELL SFAS OR CAPS MOST BE BEEN Ai THE LOPS OF C N. GUARANTEES ARE NOT MANSF£RABLE T° 82SA[ON OR PITESs UMUSTN115. WHICH MUST BE AT LFASi 19 INCHES ABOYE GPADE A00/TONAL INSnNRONS OR SUBSEQUENT OWNERS i'WN a O OPERATE AT APMINIM M RE59UREEQUIPPEor 20 PSID WITH A PWITHS AR DIFFERCEMBAL PRESSURET IS SU OF 20 PSI .SURVEYED BY 5.MAH TOO.ED, RR MADE R.LAWCR"Scnr STAINLESS, OR GALVANIZED srEa STANLEY J. ISAKSEN, JR. SURVEYOISMAmWOMPONIOOF SEcri0Nn7209 OF 7 u1TABLE UNC FROM WELLN TO BUILDING TO BE .r5 INCHES IN DIAMETER ADD INSTALLED P.0 BOX 294 THE NEW roRN STATE EOUCIi/UN Uw GROUND B,WATEER INO TO aE TYPE-K�COPPER ROME HmH OENSBY Pusrs (PIAME PIPE To BE NEW SUF LK. N.Y. 1 1 95 WATER i Z SUBMERSIBLE PMP CLEARLY MARKED AS ACTM FATED AT LEAST 160 PSI AND APROVER FOR POTABLE 631-73 58 5 COPIES OF THIS SURVEY MAP NOT BEARING 6 O OEC O6 REVISE POOP .1.1 1.,W° SCOHS APPROVAL 01N - MIEN AT 5 GALLONS THE LAND SURVEYORS EMROSSEO SEAL SFK(L 2 PER MINUTE DIN. NET BE CONSIDERED I° BE A VALID TRUE ] O6 OLi O6 SHOW NEW FAESHWAI ER W.1BOUN0.MY ' NB1E _ COPY I6 JUL °6 REARED AS PER LETTER FROM PLANNING BOARD TO CR Al 24 APR °6 COMPLY WITH 1£TLER FROM THE TOWN PLANNING BOARD HATED APRIL I1, 2006 'THERE ARE RU BIKES NO SOURCES OF SANITARY PROMISTHANDADHED NWEON WITHIN 15° FEET OR pRAIIMCE STRRTRES WRHIN 5B FEET OF ME PROPoSE➢ WE1L" 1 NBT°5 RECONFIGURE TO 1, OULDI MG LBO], ND AREAS, AREA DEMANDS OPE ] Ofi OLi OS RECONFlCURE LOIS i0 ORIf.INAL POSITION AND AREAS, RECBMpU1E OPEN SPACE AREA - 22 JULY 05 FIRST DRAFT. IAUG05 LI NEED N YOR ? I1 JULY 05 SHOW LOTS RELBNFlGURED YS LIS. No 27 99R822-3 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �O��OF so P.O. Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDORG Q 54375 State Route 25 GEORGE D.SOLOMON :NX • 1qS (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yrou'M Southold, NY X11, Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2008 Gary F. Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935-0706 Re: Proposed Standard Subdivision of Barry Savits Located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road, in Peconic SCTM#1000-68-4-16.1 Zoning District: R-80 Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, February 11, 2008, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on February 8, 2007, the applicant submitted seven (7) paper prints and five (5) mylars of the final map, prepared by Stanley J. Isaksen, L.S., dated August 12, 1999 and last revised December 20, 2006, each containing an up-dated Health Department stamp of approval; and WHEREAS, by letter, dated February 7, 2007, the applicant requested a waiver of the final public hearing; and WHEREAS, on March 12, 2007 the Southold Town Planning Board waived the final public hearing for this project; and WHEREAS, on January 29, 2008, the Southold Town Board approved the Grant of Agricultural, Scenic, and Conservation Easement and authorized Supervisor Scott A. Russell to execute the easement which was signed on February 5, 2008; therefore, be it RESOLVED, that pursuant to Section 240-44 of the Southold Town Code, the Planning Board approves and accepts the Grant of Agricultural, Scenic, and Conservation Easement, dated November 12, 2007 filed with the Office of the Suffolk County Clerk, Liber D00012540 and Page 137; and be it further 0 0 Savits Page Two February 12, 2008 RESOLVED, that the Planning Board approves and accepts the Declaration of Covenants and Restrictions, dated August 12, 2007, filed with the Office of the Suffolk County Clerk, Liber D00012520 and Page 782; and be it further RESOLVED, that pursuant to Section 268-5 of the Southold Town Code, the Southold Town Planning Board has reviewed the proposed action to the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent with the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval, upon the map prepared by Stanley J. Isaksen, L.S., dated August 12, 1999 and last revised December 20, 2006. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of map signing shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, erily�odhouse Chairperson Encl. cc: Tax Assessors (w/plat) Michael Verity, Chief Building Inspector (w/plat) 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 09/04/2007 Number of Pages: 6 At: 02 :31:13 PM Receipt Number : 07-0082209 LIBER: D00012520 PAGE: 782 District: Section: Block: Lot: 1000 068 .00 04.00 016 .001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5. 00 NO RPT $30 .00 NO SCTM $0.00 NO Fees Paid $78.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Number of pages r:ECDF:6Ep TORRENS 2CC:; SeD 04 n2:31:13 PM ,~±.i. A. Pascale Serial # CLERK OF SUFFOLK C:i!i Ili i Y Certificate# L D00012520 P 7 c.. Prior Ctf. # Deed/Mortgage Instrument • Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee Mortgage Amt. Handling I. Basic Tax _ TP-584 — 2. Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assn. EA-5217 (State) Or Spec./Add. R.P.T.S.A. �SU�A� TOT. MTG. TAX Comm. of Ed. 5 00 _ Dual Town Dual County Held for Apportionment Affi +"qy. z�+ Transfer Tax _ Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND TOTAL If NO, see appropriate tax clause on page # of this instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Wise_ Section Block Lot Consideration Amount $ 1000 06800 0400 016001 Stamp IC -0S7 CPF Tax Due Date Improved IS nias Vacant L and SSatisfactiocharges/Releases List Property Owners Mailing Andress TD RECORD& RETURN TO: TD OLSEN & OLSEN LLP P. 0. BOX 706 TD CUTCHOGUE, NY 11935 F Title Company Information Name EALTH e # (✓' T Suffolk County Recording & Endorsement Page This page fomes part of the attached COVENMIS AND RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) BARRY SAVTTS The prernises herein is,situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 101" and on or before May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 1.1964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, &Motd, - Edward P. Romaine Suffolk County Clerk dw 2/99 I 12-0104:: 11/99vg I DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this 'III-tiday of N�I 2007 by BARRY SAVITS, residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated December 20, 2006; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributes, successors and assigns, to wit: �;' 1) The clearing of each lot pursuant to Section 240-49C of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet ill \ r c. Lot 3 —No clearing, grading or ground disturbance shall be permitted within the Open Space Area on Lot 3, with the exception of the area of the horse corral, in accordance with the Agricultural, Scenic and Conservation Easement that encumbers the subject property. 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1, 2 and 3 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity, the project will require a General Permit for the —-- storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section 240-44C of the Town Code to be recorded simultaneously herewith. 11) All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. I 12)No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 13) The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 14)Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 15) Driveways serving Lots 1 and 2 shall be constructed of a pervious material. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to-be incorporated herein and made a part hereof, as though fully set - forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Burd of the Town of Southold or its successors, after a public hearing. Iii I I IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF 5u FF'6t4j On this a7 day of/ d"/S�Iin the year 2007 before me, the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I,JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared t e nexed with t ori incl Declaration RECORDED in m office on ..... . 5O g my 9 I.... .7.. under L BER... PAGE ...7ra and, that the same is a true copy thereof, d a of the whole of such original. In Testimony Whereof, I have hereto set my a d and ffixed the seal of said County and Court on this .......�..�.... day of Op n 12-0245,ul/ulkd CLERK �� .... _I ! I SCHEDULE A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: ' BEGINNING at a point on the southeasterly side of Soundview Avenue, where it is intersected by the northeasterly side of land now or formerly of Estate of S . F. Overton; thence along the southeasterly side of Soundview Avenue (1) northeasterly on a curve bearing to the right having a radius of 308 . 66 feet a distance of 168 . 56 feet and (2) north 43 degrees 38 minutes 20 seconds east 39 .94 feet; thence along land now or formerly of John B. Sepenoski (1) south 45 degrees 33 minutes 40 seconds east 231. 51 feet; (2) south 49 degrees 27 minutes 40 seconds east 422 . 83 feet; (3) south 47 degrees 05 minutes 40 seconds east 86. 91 feet; (4) south 48 degrees 05 minutes 40 seconds east 144 feet; (5) south 34 degrees 04 minutes 40 seconds east 79 . 5 feet; (6) . south 27 degrees 30 minutes. 40 seconds east 267 . 34 feet; _ (7) _ _.. south 57 degrees 08 minutes 30 seconds west 425. 97 feet; (8) north 46 degrees 57 minutes 30 seconds west 242 feet; (9) north 38 degrees 24 minutes 30 seconds west 139 . 4 feet; (10) north 35 degrees 28 minutes 30 seconds west 212 . 4 feet; thence south 42 degrees 22 minutes 00 seconds west 267 . 70 feet; thence south 40 degrees 10 minutes west 20 . 79 feet to the easterly side of Soundview Avenue; thence along Soundview Avenue due north 650 . 72 feet to a point; thence still due north 66 . 53 feet to the point or place of BEGINNING. I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII(IIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 02/08/2008 Number of Pages : 10 At: 01 : 59:09 PM Receipt Number : 08-0012590 TRANSFER TAX NUMBER: 07-18453 LIBER: D00012540 PAGE : 137 District: Section: Block: Lot: 1000 068 . 00 04 . 00 016. 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $6 .50 NO RPT $30 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $96.50 TRANSFER TAX NUMBER: 07-18453 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 3 Number of pages / c; b :?. 0 ;.,.Vy PM TORRENS J!wt ; H. Pa;n_at '_i EP1. A Serial # _UFFODP f:i�_INT4' Certificate# nr # 07-1'-45' Prior Ctf. # Deed/ Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps q 1 FEES Page/Filing Fee 3-0 Mortgage Amt. r Handling I. Basic Tax TP-584 2, Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217 (State) Spec./Add. R.P.T.S.A. 0��� Aw TOT. MTG.TAX S _ Dual Town Dual County Comm. of Ed. 5 0_� y Held for Apportionment Affidavit L;�R�s Transfer Tax Certified:Co Mansion Tax The property covered by this mortgage is or Reg. Copy I_ will be improved by a one or two family Sub Total5 (J dwelling only. Other YES or NO GRAND TOTAL If NO, see appropriate tax clause on page # of this instr 5 Real Property Tax Service Agency Verification 6 Community Preservation and Dist. ISerr{nnI ot �r Consideration Amount $ 1000 06800 040 016001 Stamp DII 1 CPF x Due $ P T S \ Improved Date R BSI A Initials 08-FEB-0 Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD & RETURN TO: TD OLSEN & OLSEN LLP TD P. 0. BOX 706 CUTCHOGUE, NY 11935 Hs Title Company Information C o. Name COMMONWEALTH Title # U° 9 Suffolk County Recording & Endorsement Page This page fortis part of the attached GRANT OF AGRICULTURAL, SCENIC, AND CONSERVATION made by: (SPECIFY TYPE OF INSTRUMENT) EASEMENT BARRY SAVITS The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. GRANT OF AGRICULTURAL, SCENIC, AND CONSERVATION EASEMENT THIS INDENTURE, made this 1'L!�"day of VZv-c*�'V) > 2007, by and between Barry Savits, residing at 43 Fifth Avenue,New York NY 110003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold,New York 11971 ("GRANTEE"). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: Lot 3 as shown on a standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., last dated December 20, 2006, excluding therefrom a residential building envelope containing an area of 0.73 acres, which map is to be filed cjaetrtfyiltrewith, being part of District 1000, Section 068.00, Block 04.00, Lot 016.1 more particularly described in annexed Schedule A; AND WHEREAS, the said lands constitute an area of natural scenic beauty which is desirable and productive for farming and agricultural purposes, and whose openness and existing state of use enhances the conservation of natural, agricultural, and scenic resources, and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns, to acquire development rights, negative use easements, restrictive and affirmative covenants, and other contractual rights including Agricultural, Scenic, and Conservation Easements which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and 1 WHEREAS, it is Grantee's policy to conserve, preserve and protect the Town's natural resources and the natural and man-made attributes of its land, including farmland, as fundamental to maintaining and improving the agricultural economy, the attractiveness of the community, balanced growth,and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE'S policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant,transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, an agricultural, scenic, and conservation easement of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the "burdened premises" or the "premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: (i) agricultural operations limited to the raising of livestock, including horses, on lot 3, (excluding the building envelope as shown on the subdivision map); and 2 (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b) In furtherance of the restrictions imposed by this paragraph, the following Activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be frivolously destroyed, cut, or removed from the premises. This paragraph shall not prohibit the removal of dead or dying trees or trees around the building parcel that endanger the property or power lines; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events; (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except for that part of lot 3 containing 0.73 acres which is the permitted residential building envelope; (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage 3 disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non-agricultural use shall be constructed or permitted to come into existence on the burdened premises, except the grantor may construct a driveway for access to lots 2 and 3 and may repair and maintain the existing driveways and construct and maintain any new driveways reflected on the subdivision map; and (v) no aboveground utilities or utility lines shall be installed on the burdened premises except as they currently exist. (c.) Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural use and, to that end, GRANTOR shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. (d.) GRANTEE shall have the right to inspect the burdened premises for the purpose of assuring itself that GRANTOR is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of GRANTOR; provided, however, that GRANTEE may inspect the premises at other times if it has reasonable and factual cause to believe a substantial violation of this easement is being undertaken or has occurred. 3. The nature, character, and extent of limitations on this easement shall be as 4 follows: (a.) The burdened premises shall not be open or available to the public for general or park use by reason of this easement, but instead shall remain at all times in GRANTOR'S exclusive possession, and subject to GRANTOR'S unqualified right to exclude all others therefrom by any and all lawful means. (b.) GRANTOR may continue to use, maintain, and replace (in-place and in- kind) those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and GRANTOR may also construct or erect buildings and structures reasonably necessary for agricultural operations actually being conducted on the burdened premises,provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold; (c.) All rights, interest, and privileges of GRANTOR in the burdened premises not specifically encumbered by the terms of this document shall remain and reside with the GRANTOR. 4. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR'S successors in interest. 5. Failure of GRANTEE to insist upon the strict performance of any provision of this easement shall not abrogate, or be deemed to waive, any of GRANTEE'S rights under this easement. 6. In accordance with Section 247 of the General Municipal Law, GRANTEE 5 hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by, the use restrictions imposed by this easement. 7. If at any time the whole or any part of the burdened premises shall betaken or condemned by GRANTEE, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned shall not be subject to the restrictions set forth herein. In any such event, GRANTOR shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this easement (even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned), nor shall any part of the condemnation award belong to or be payable to GRANTEE. This paragraph shall not be construed as any agreement or consent on the part of the GRANTOR to permit the GRANTEE or any other public authority to take or condemn the subject premises. 8. This easement shall be deemed a Conservation Easement subject to the provisions of Chapter 22 of the Southold Town Code. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date and year first above written. " 4" (GRANTOR) ATTEST: TOWN OF SOUTHOL (GRANTEE) l.1nW4M4 By: Tow Jerk Supervis r 6 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) , On the day of ijev 7 , 2007, before me, the undersigned, personally appeared Barry Savits, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public E. O'CNOR Notary(ANE Public, te'R SteNew York No.31.4696W Qualified In New York Mountu COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby cert• y that I have compared the annexed with the original ...��6cw? in my office RECORDED �t!Gl/!��/.20��..... LIBER.. and, that the same is a true co he whole o..such origin In Testimony Whereof, I have here unto ser my h dd and affixed of such original. the seal of said County and Court this ....�T6 �Cpb /] CLERIQ �ircp(i ,i(� .............. IcZUUlc J 1UNL 11-G 1 U1 N I U. TOWN CLERK TOWN OF SOUTHOLD KIERAN M.CORCORAN Town Hall QUALIFIED IN SUFFOLK COUNTY NOTARY k02C06119838 P. 0. Box 728 MY COMMISSION EXPIRES DEC.6.2bs Southold,NY 11971 7 SCHEMLE A DESCRIPTION OF PROPERTY OF BARRY S. SAVITS FOR LOT#3 IN A MAP ENTITLED "STANDARD SUB- DIVISION FOR THE PROPERTY OF BARRY SAVITS. All that piece or parcel of land located in the Hamlet of Peconic, Town of Southold, County of Suffolk, State of New York, and being bound and described as follows: BEGINNING AT A POINT, said point being located on the easterly side of Sound View Avenue and being located 1,288 feet northerly along the easterly side of Sound View Avenue from the intersection of the northerly side of Mill Road, and from said point or place of beginning proceeding the following courses and distances: North 0 degrees 0 minutes 0 seconds East for a distance of 294.72 feet to a point; Thence southeasterly along other lands of Savits South 49 degrees 27 minutes 40 seconds East for a distance of 168.33 feet to a point; Thence northeasterly along other lands of Savits North 43 degrees 10 minutes 40 seconds East 241.70 feet to the lands of Sepenoski, thence southeasterly, southwesterly and northwesterly for the next nine (9)courses and distances along the lands of Sepenoski; South 49 degrees 27 minutes 40 seconds East 402.87 feet to a monument; South 47 degrees 05 minutes 40 seconds East 86.91 feet to a monument; South 48 degrees 05 minutes 40 seconds East 144.00 feet to a monument; South 34 degrees 04 minutes 40 seconds East 79.50 feet to a monument; South 27 degrees 30 minutes 40 seconds East 267.34 feet to a pipe; South 57 degrees 08 minutes 30 seconds West 425.97 feet to a concrete post; North 46 degrees 57 minutes 30 seconds West 242.00 feet to a concrete post; North 38 degrees 24 minutes 30 seconds West 139.45 feet to a concrete post; North 35 degrees 28 minutes 30 seconds West 212.40 feet to a concrete post; Thence northwesterly along the lands of Savits North 17 degrees 04 minutes 59 seconds West 148.95 feet to a point; Thence southwesterly along the lands of Savits South 90 degrees 00 minutes 00 seconds West 150.00 feet TO THE POINT OR PLACE OF BEGINNING. The above parcel of land contains 10.19 acres of land and is known as lot #3 in a minor sub-division map entitled Standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., land surveyor. Excepting from the above parcel an interior piece therein, being a building envelope, and bounded and described as follows: From the POINT OR PLACE OF BEGINNING in the above described parcel, and from said point or place of beginning proceeding on a bearing North 90 degrees 00 minutes 00 seconds East for a distance of 150.00 feet to a point, thence on a bearing of North 42 degrees 49 minutes 47 seconds East a distance of 59.75 feet to the BEGINNING OF SAID BUILDING ENVELOPE; Thence North 37 degrees 40 minutes 10 seconds East 160.00 feet; Thence South 52 degrees 19 minutes 50 seconds East 200.00 feet; Thence South 37 degrees 40 minutes 10 seconds West 160.00 feet; Thence North 52 degrees 19 minutes 50 seconds West 200.00 feet to the POINT OR PLACE OF BEGINNING OF SAID BUILDING ENVELOPE. Project Status Report for Standard Subdivisions .>.. ¢ vr ii �li;I3Il�"" ��Ei#IFI t# vx It, k� Sketch Application Dates Pre-Submission Conference SEQRA Determination Sketch Application Received 7 I L SC Planning Commission Referral Application Fees Paid SC Planning Commission Comments ERSAP Submitted Fire Department Referral Yield Plan Submitted Fire Department Comments Cor cept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission SEQRA Coordination yk Conditional Sketch Approval 6DV,1 1 1(0 Landscape Plan Sketch Approval 1 f '.�, cy-I Soil Conservation Plan l ji?– Qa(— l N5' NJ,J z 1, 0(,z Preliminary Plat Application Dates(6 months after Sketch Plan Approval) Preliminary Application Received 1k to DEIS Submission Application Fees Paid Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans Comments from Legal Department Received Engineer Conference FEIS Submission Comments from Town Engineer Preliminary Hearing Set Draft Performance Estimate Preliminary Hearing Held Draft Covenants and Restrictions Preliminary Hearing Closed Draft Homeowner's Association Agreement Conditional Preliminary Approval Draft Road Maintenance Agreement Preliminary Approval Scoping Session Final Plat Apolication Dates(6 months after Preliminary Plat Approval) Final Application Received Nov 3Q j Affordable Housing Fee Paid N A- Application Fees Paid N CEJ O`1 Administrative Fee Paid IN'k Molars Received(5) NYSDEC Wetlands Permit Received t rF Nj Paper Prints Received(8) NYSDOTIDPW Permit Received Final Road and Drainage Plans Ki Ar Trustee Permit Received L-c 4t;y- N J Performance Guarantee Received NAr Final Hearing Set W LL"tMI Performance Guarantee to Town Board Final Hearing Held/Closed t.0660 12.S Lo Final Covenants and Restrictions P 1$2 Filed Legal Documents Final Homeowner's Agreement hjbo Conditional Final Approval Final Road Maintenance A reem nt Final Approval Park and Playground Fee Paid 11`2q�o"1 Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Man Routina: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: r� L,�de.ni Ln n UP C FPC O'POM SOUTHOLD TOWN PLANNING RD FAX NO. 631 765 3136 Nov. 30 2007 12:00PM P1 Application for Final Plat Approval NOV) r `" 7 APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for-FINAL PLAT APPRO'V'AL for the subdivision described herein. 1. Name of Subdivision Barry $avits 2. Suffolk County Tax Map# 1000-68-4-16.1 3. Hamlet Peconic 4. Street Location On the e/s/o Sound View Ave. , approximately 932 north of Mill Road, in econic 5. Zoning District R-80 6. Date of Submission 3/8/06 7. Sketch Plan Approval Date April 10,2006 8. Preliminary Approval Date t}ugust 14,2006 (Conditional Final Approval 3/13/07) 7 9. Number of Lots Proposed "./3 10. Acreage of Open Space/Reserved Area 7.854 11. Affordable Housing Units Proposed n/a 12. Percentage of Affordable Housing n/a 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A 106-11 (B)of the/Town Code, n a 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. yes 15. Application prepare4by [J owner [lj agent [J other Signature ofPreparer Date11/30/07 GaOlsen, Esq. J' ��SUFFO(,�co MAILING ADDRESS: PLANNING BOARD MEMBERS �.r� G,y P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair Cz co iAll OFFICE LOCATION: • '� Town Hall Annex WILLIAM J.CREMERS ?JO a0� 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. S0r6M0N Telephone: 631 765-1938 Fax: 631 765-3136 PLANNG BOARD OFFICE to OF�SOUTHOLD Applica `'-' i � liminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Stamdard Subdivision of Barry Savits 2. Suffolk County Tax Map # 1000-68-4-16.1 3. Hamlet Peeenie 4. Street Address/ a/s/o Sound View Avenue, approx 932' n/o Mill Road Project Location 5. Zoning District AG 6. Date of Submission 7/13/06 7. Sketch Plan Approval Date April 10,2006 8. Acreage of Site lz''.4-54--acres 9. Parcel Yield 3 nareepl 10. Number of Lots Proposed 3 parcels a. Number of Affordable Lots Required: none b. Number of Affordable Lots Proposed: none c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: 11. Acreage of Open Space 7.854 acres 12. Percentage of Open Space 60% + 13. Range of Lot Sizes 45,061 sq ft to 10.19 acres 14. Average Lot Size 45,n00_sq ft- 15. t15. Private or Public Streets public-no new streets 16. Length ofRoad(s) a/a 17. Acreage ofRoad(s) n/a 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. yes- additional information addedper request of Planning Board on Apr„ 1 ,2006anddaiy- 11,2006 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies?Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. waitine for Non-JurisdictiQm letter from DEC whcih has been applied for. Application will be made to Suffolk County Health Dept.after Preliminary approval (note: Health Dept approved similar subdivision pr or to moratorium) Southold rustees have issued Non-Jurisdictl-o-n-fe-fTer. 20. Application completed by ri vner ] agent [ ] other Signature of Preparer Date /13/06 OLSEN & OLSEN, L.L.P. ��'S'.�• ► ATTORNEYS AT LAW e"/4 GARY FLANKER OLSEN ATTORNEY AT LAW DAVID WORTHINGTON OLSEN ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net July 12,2006 Re: Savits Dear Anthony: Enclosed please the revised Covenants per your fax of 7/11/06. I have sent the requested survey changes to Stan Isaksen and will forward the new revised survey to your office when received. Please let this confirm that you will be sending me a letter removing the requirement of the Phase 1 Archaeological Survey. Very truly yours, GARY FLANNER OLSEN GFO/m Encl. Anthony Trezza Southold Planning Board Southold, N.Y. 11971 Hand Delivered DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 12006 by BARRY SAVITS,residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated April 24, 2006; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributes, successors and assigns,to wit: 1) The clearing of each lot pursuant to Section A 106-560 of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1 and 2 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section A 106-49 (c) of the Town Code to be recorded simultaneously herewith. 1 I)All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 12)No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 13) The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 14)Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 15) Driveways serving Lots 1 and 2 shall be constructed of a pervious material. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claimipg under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changes,modified,terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF ) On this day of in the year 2006 before me, the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within MAILING ADDRESS: PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair N v- nxi OFFICE LOCATION: RICHARD CAGGLANO G • `F Town Hall Annex WILLIAM J.CREMERS y�Q �0� 54375 State Route 25 KENNETH L.EDWARDS MARTIN H. SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON Southold, NY Telephone: 631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE_ ,,.-. ..• - -*q TOWN OF SOUTHOLD 1` Application for Sketch Approval I " APPLICATION IS HEREBY MADE to the Town of S or ut Pia fl ' SKETCH APPROVAL for the subdivision described here lrl ° m m 1. Name of Subdivision Minor Subdivision Cluster Map of Savits 2. Suffolk County Tax Map # 1000-068-04-016.1 3. Type of Subdivision Standard [x] Conservation [ ] 4. Hamlet Peconic 5. Street Address/ Soundview Ave. , Peconic, NY Project Location 6. Acreage of Site 12.454 Acres 7. Proposed Yield 3 parcels 8. Number of Lots Proposed 3 9. Zoning District R-80 10. Date of Submission 2/3/06 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Barry Savits 43 Pirrn Avenue New York, NY 100 3- Agent: Gary Flanner Olsen, Esq. 32495 Main Roa P. 0. Box 706 Cutc ogue, NY 11935 Property Owner(s): _ Barry Savits 43 Fifth Avenue New York, NY - Surveyor: 4ranlay i Icaksen Jr P. 0. Box 294 New Suffolk, NY 11956 (631)734-5835 Engineer: N/A Attorney: Gary Flanner Olsen Esq. 32495 Main Road P. U. Box /Ub �UUcILU6UUI 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. Last prior application made before moritorium sketch plan approval granted. 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. Yes 14. Has the owner/applicant met with Land Preservation? If so, provide date. yes 15. Is any part of the property in agricultural use? No 16. Is there an existing or proposed sale of development rights on the property? No 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. No 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). No 19.The site will be serviced by the following special districts or utility companies: Fire District Southold Post Office Peconic School District Southold Water e 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. No 21. Please indicate the type of open space proposed and how it will be managed? Proposed horse farm 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be remove or altergd? 1 1/2 story frame residence with greenhouse and ngroun pool; frame garage and covered storage area. These structures will remain. 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield,please indicate how you intend on satisfying the requirement. N/A Less than 257 of yield to be built upon 24. Application completed by [ ] owner [g] agent [ ] other `' v 1 Signature of Preparer Date*—*— r'gwn 4 Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 068 _ 04 -016.1 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board® Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: ❑ Nature and extent of action: Location of action: Sev Avenue Pecbnic N.Y. t00-068-04-016 1 Site acreage: 12.454 acres Present land use: ee,idential Present zoning classification: xeso 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Barry Savits (b) Mailing address: 43 Fittb Avenue. N.Y. N.Y. 10003-4368 Agent: Gary Flanner Olsen, Esq. P.O. Boa 706, Cutchogue, N.Y. 11935 (c) Telephone number: Area Code( ) 631-734-7666 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable this is an application for a 3 lot cluster minor su v s on— o e are tame n open Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No EANot Applicable Attach additional sheets if necessary . • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No �]Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No© Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ Nog❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ Nos ❑ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. ❑Yes 0 No [- Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 5] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5/2510511:20 AM 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ®Part 1 f art 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑o A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* EIC. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Standard Subdivision of Barry Savits Name of Action Southold Town Planning Board Name of Lead Agency Jerilyn B.Woodhouse Chairperson Print or�Type pName of Responsible Officer in Lead Agency Title of Responsi d Dfficer Signature of Responsible Officer in Lead Agency Signature of Prefiarer If differfint from responsible officer) July 10,2006 Date Page 1 of 21 0 0 PART 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information(Read Carefully) I In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But,for any specific projector site other examples and/or lower thresholds maybe appropriate for a Potential Large Impact response,thus requiring evaluation in Part 3. I The impacts of each project,on each site,in each locality,will vary. Therefore,the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. I In identifying impacts,consider long term,short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. Identifying that an Impact will be potentially large(column 2)does not mean that it is also necessarily significant Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact,also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO YES ❑ Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot ❑ ❑ ❑ Yes []No rise per 100 foot of length),or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table ❑ ❑ ❑ Yes [:]No is less than 3 feet. • Construction of paved parking area for 1,000 or more ❑ ❑ ❑ Yes [:]No vehicles. • Construction on land where bedrock is exposed or ❑ ❑ ® Yes ❑No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ❑ ❑ ❑ Yes ❑No involve more than one phase or stage. • Excavation for mining purposes that would remove ❑ ❑ ® Yes []No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ❑ ❑ ❑Yes [:]No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes []No 2. Will there bean effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) SNO El YES • Specific land forms: ❑ ❑ []Yes []No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ElNO ❑YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ® ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of ❑ ❑ ❑Yes ❑No a protected stream. • Extension of utility distribution facilities through a protected water ® ® ❑Yes ®No body. • Construction in a designated freshwater or tidal wetland. ❑ ® ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will Proposed Action affect any non-protected existing or new body of water? ❑NO ®YES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of ❑ ❑ []Yes ❑No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ® ❑ [:]Yes ❑No area. Other impacts: ® ® []Yes [:]No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? F01NO ❑YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ® ®Yes No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater ❑ ® ❑Yes ❑No than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water ❑ ❑ ®Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which ❑ ❑ ❑Yes ❑No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ❑ ❑ ❑Yes ❑No per day. • Proposed Action will likely cause siltation or other discharge into ❑ ❑ ❑Yes ❑No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or © ® ❑Yes ❑No chemical products greaterthan 1,100 gallons. • Proposed Action will allow residential uses in areas without ❑ ❑ ❑Yes ❑No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ❑ ❑ ❑Yes ❑No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action would change flood water flows ❑ ❑ ❑Yes ❑No • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes [:]No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated ❑ ❑ ❑Yes []No floodway. • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON AIR 7. Will Proposed Action affect air quality? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any ❑ ❑ ❑Yes []No given hour. • Proposed Action will result in the incineration of more than 1 ton ❑ ❑ ❑Yes ❑No of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour ❑ ❑ ❑Yes No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ❑ ❑ ❑Yes No committed to industrial use. • Proposed Action will allow an increase in the density of ® ❑ ❑Yes []No industrial development within existing industrial areas. • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ❑. NO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or El [:1 []Yes —]No Federal list,using the site,over or near the site,or found on the site. Page 14 of 21 0 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ❑ ® ❑Yes [:]No • Application of pesticide or herbicide more than twice a year, ❑ ❑ [:]Yes ❑No other than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ❑ ❑ [:]Yes ❑No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ❑ ❑ ❑Yes ®No mature forest(over 100 years of age)or other locally important vegetation. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ❑i NO ❑YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to ❑ ❑ [:]Yes ❑No agricultural land(includes cropland, hayfields,pasture,vineyard, orchard,etc.) Construction activity would excavate or compact the soil profile of ❑ ® [:]Yes ❑No agricultural land. • The Proposed Action would irreversibly convert more than 10 ❑ ❑ ❑Yes [:]No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ❑ ® [:]Yes ❑No agricultural land management systems(e.g.,subsurface drain lines,outlet ditches,strip cropping);or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff). • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary,use the Visual EAF Addendum in Section 617.20,Appendix B.) ❑NO ❑YES Examples that would apply to column 2 • Proposed land uses,or project components obviously different ❑ ❑ [:]Yes ❑No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. • Proposed land uses,or project components visible to users of ❑ ❑ ❑Yes []No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or ❑ ❑ [:]Yes ❑No significant screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? [BNO ❑YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or ❑ ❑ ❑Yes ❑ No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ❑ ❑ ❑Yes ❑No the project site. • Proposed Action will occur in an area designated as sensitive ❑ ❑ ❑Yes ❑ No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ❑ ❑ ❑Yes [:]No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ❑ ❑ [:]Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ [:]Yes ❑No • Other impacts: ❑ ❑ ❑Yes [:]No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? ❑NO ❑YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ [:]Yes ❑No • Proposed Action will result in a reduction in the quantity of the ❑ ❑ ❑Yes [:]No resource? • Proposed Action will result in a reduction in the quality of the ❑ ❑ ❑Yes ❑No resource? • Proposed Action will impact the use,function or enjoyment of the ❑ ❑ ❑Yes ❑No resource? • Other impacts: ❑ ❑ ❑Yes ❑No Page 17 of 21 i • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ❑s NO ❑YES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or ❑ ❑ ❑Yes ❑No goods. • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ❑s NO DYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the ❑ ❑ ❑Yes ❑No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ❑ ❑ ❑Yes ❑No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise,or vibration as a result of the Proposed Action? ❑• NO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive ❑ ❑ ❑Yes ❑No facility. • Odors will occur routinely(more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the ❑ ❑ ❑Yes ❑No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ❑. NO ❑YES • Proposed Action may cause a risk of explosion or release of ❑ ❑ ❑Yes []No hazardous substances(i.e.oil,pesticides,chemicals,radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" ❑ ❑ []Yes [:]No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of liquefied ❑ ❑ []Yes []No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ❑ ❑ ❑Yes ❑No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ❑NO ❑YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the ❑ ❑ ❑Yes []No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ❑ ❑ []Yes ❑No services will increase by more than 5%per year as a result of this project. • Proposed Action will conflictwith officially adopted plans or ❑ ❑ []Yes ❑No goals. • Proposed Action will cause a change in the density of land use. ❑ ❑ []Yes []No • Proposed Action will replace or eliminate existing facilities, ❑ ❑ []Yes []No structures or areas of historic importance to the community. • Development will create a demand for additional community ❑ ❑ []Yes ❑No services(e.g.schools,police and fire,etc.) Page 19 of 21 0 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ❑ ❑ [:]Yes ❑No projects. • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ []Yes ❑No 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? ❑. NO ❑YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it Is a potentially-large impact. The form also Identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large,then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑Part 1 Part 2 0Part 3 Upon review of the information recorded on this EAF(Parts t and 2 and 3 if appropriate),and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ®A. The project will not result in any large and important impacts) and, therefore, is one which will not have a significant impact on the environment,therefore a negative declaration will be prepared. ®B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ®C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban ®Industrial ®Commercial Residential (suburban) []Rural (non-farm) ®Forest 11 Agriculture ❑Other 2. Total acreage of project arefa?•454 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow orBrushland INon-agricultural) 10.8 acres 10.8 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 1.6 acres 1.6 acres Water Surface Area acres acres iUnvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: F1 Well drained 88 aIli ®Moderately well drained_% of site. Poorly drained12__aPtgite b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 0 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ® Yes El No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: 00-10%_% ®10- 16%_% [:] 16% or greater_% 6. Is project substantial) contiguous or contain a building, site, or district, listed on the State or National Registers of Historic Places?substantially t Yes ® No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes EINo 8. What is the depth of the water table? 9 fe b feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes O No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes No Page 3 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of th e application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work Is unavailable, so indicate and specify each Instance. NameofAction.HiIlpr subdivision cluster map of Savits Location of Action(include Street Address,Municipality and County) Soundview Avenue, Peconic, NY, Town of Southold Suffolk County, New York 1000-68-4-16.1 Name of Applicant/Sponsor Gary Flanner Olsen, Esq. Address 32495 Main Road, P. 0. Box 706 City/PO cutchogt,e State NY Zip Code 11935 Business Telephone (631)734-7666 Name of Owner(if different) Barry Swits Address 43 Fifth. Avenue City/PO New York State NY Zip Code 10903-4368 Business Telephone 718-369-8110 Description of Action: 3 lot minor cluster subdivision on 12.454 acres I Page 2 of 21 I 11. Does project'site contain any ies of plant or animal life that is Identified as threatened or endangered? ®Yes ®No According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? E]Yes E] No Describe: 13. Is the project site presently used by ti ie community or neighborhood as an open space or recreation area? . ®Yes U No If yes, explain: 14. Does the present site Iryclude scenic views known to be important to the community? ®Yes UNo , 15. Streams within or contiguous to project area: /Aa --N/A"- a. . Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: freshwater wetlands b. Size (in acres): 1.6 acres approx Page 4 of 21 i 17. Is the site served by existing public utilities? ®Yes No a. If YES, does sufficient capacity exist to allow connection? ElYes E]No b. If YES, will improvements be necessary to allow connection? ®Yes �No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes FDNo 19. Is the site located in or substantiat contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes No B. Project Description , 1. Physical dimensions and scale of project (fill in dimensions as appropriate). - a. Total contiguous acreage owned or controlled by project sponsor: a acres. b. Project acreage to be developed: 12.4 acres initially; 12.4 acres ultimately. c. Project acreage to remain undeveloped: acres. d. Length of project, in miles:n/a (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. n/a % L Number of off-street parking spaces existing _; proposed g. Maximum vehicular trips generated per hour: n/a (upon/completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condomini m applicant is divinding 12.4 acres into 3 plots one of which already has a Initially house Ultimately I. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed DYes ®NoN/A a.. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ElYes ®No - - c. Will upper subsoil be stockpiled for reclamation? E]Yes No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? •'4^ acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation b•moved by this project? ® Yes ® No 6. If single phase project: Anticipated period of construction: 4-months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated N�{.4 (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ® Yes ® No S. Will blasting occur during construction? ®Yes No 9. Number of jobs generated: during construction_; after project is complete 10. Number,of jobs eliminated by this project lu—. 11. Will project require relocation of any projects or facilities? ®Yes ®No If yes, explain: 12. Is surface liquid waste disposal involved? ®Yes No a. If yes, indicate type of waste (sewage, industrial, etc) and amount / b. Name of water body into which effluent will be discharged !. 13. Is subsurface liquid waste disposal involved? ®Yes M No Type 14. Will surface area of an existing water body increase or decrease by proposal? ®Yes G@No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ®Yes 11V 16. Will the project generate solid waste? ®Yes P No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ®Yes ®No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ©Yes © No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? E]Yes ®No 19. Will project routinely produce odors (more than one hour per day)? ®Yes 0N 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes 12No 21.i Will project result in an increase in energy use? ®Yes No / If yes, indicate type(s) per well _ 22. If water supply is from wells, indicate pumping capacity Iy gallons/minute. per well 23. Total anticipated water usage per day S: gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes 0 No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board ®Yes M No Planning Board City, Town, Village Planning Board MYes ® No subdivision approval 2/06 City, Town Zoning Board Elyse T No Suffolk County Dept. City, County Health Department Lai Yes ® No Health Service:afor d Other Local Agencies Yes No Other Regional Al/encies Yes �' No State Agencies ®Yes No Federal Agencies Yes ®No C. Zoning and Planning Information 1. Does proposed action involve planning or zoning decision? ®Yes No If Yes, indicate decision required: ElZoning amendment ® Zoning variance ® New/revision of master plan Subdivision ® Site plan ®Special use permit ®Resource management plan ® Other Page 8 of 21 2. What is the zoning classification(s) of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? R-80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes 1:1 No L L T What are the predominant land use(s) and zoning classifications within a A mile radius olyproposed action? single family residential 8. Is the proposed action compatible with adjoining/surrounding land uses with a % mile? ®Yes ©No 9. If the proposed action is the subdivision of land, how many lots are proposed? a-. What is the minimum lot size proposed? -45;-061--sq €t------- ---- — Page 9 of 21 • 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ® Yes M No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ®Yes ®No a. If yes, is existing capacity sufficient to handle projected demand? ©Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes No a. If yes, is the existing road network adequate to handle the additional traffic. E]Yes ©No D. Informational Details / Attach any additional information as may be eeded to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification _ I certify that the informati n provide above Is true to the best of my knowledge. Applicant/Sponsor Nospn, Date 2/2106 Signature Title Attorney for owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. r Page 10 of 21 Town Of Southold • P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 11/29/07 Receipt#: 1642 Transaction(s): Reference Subtotal 1 1 Application Fees 68-4-16.1 $500.00 Check#: 1642 Total Paid: $500.00 I j Name: Savits, Barry 1580 Soundview Ave. P O Box 446 Peconic. NY 11958 Clerk ID: LINDAC Internal ID:684-16.1 • Town Of Southold • P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/29/07 Receipt#: 1641 Transaction(s): Reference Subtotal 1 1 Park & Playground 68-4-16.1 $14,000.00 Check#: 1641 Total Paid: $14,000.00 a; I r ) -7 i i Name: Savits, Barry 1580 Soundview Ave. P O Box 446 Peconic, NY 11958 Clerk ID: LINDAC Internal ID:68-4-16.1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �O f so P.O. Box 1179 JERILYN B.WOODHOUSE 0� y�l Southold, NY 11971 Chair y OFFICE LOCATION: KENNETH L.EDWARDS T 4 Town Hall Annex MARTIN H.SIDOR G • 54375 State Route 25 GEORGE D.SOLOMON 0 (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND "Oulm, Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: November 29, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax Map Amount Date of # Check Savits, Barry Subdivision 68-4-16.1 $14,000 11/12/07 Park/Pla ground Savits, Barry Subdivision 68-4-16.1 $500 app fee 11/12/07 Cia to Lot Line Chane 69-4-8.1& 8.2 $500 app fee 11/7/07 Orient Reserve Cons. Subdiv. 19-1-14.7 $1,050 app fee 9/5/07 97-9-10.4 $2,950 app fee 11/9/07 Marcos Cons. Subdiv. etal LR Enc(s). . • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO(/j�olo Southold, NY 11971 Char OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR CA 54375 State Route 25 GEORGE D.SOLOMON Cr- (cor.Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �yCow,N Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 22, 2006 Re: Checks Enclosed herewith are three checks listed below. Please return a receipt(s) to us. Thank you. Project Name & Type Tax Map # Amount Date of Check Zimmer Set-off P&P fee 13-2-7.8 $5,000 8/1/06 Sovits Subdiv. App fee 68-4-16.1 $100 7/19/06 Brokaw Subdiv. App fee 13-7-1.1 $1,000 7/8/06 LR encs. Town Of Southold of P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/22/06 Receipt#: 1610 Transaction(s): Reference Subtotal 1 1 Application Fees 68-4-16. $100.00 Check#: 1610 Total Paid: $100.00 ..�_....--•-tea R. r 2006 I Name: Savits, Subdivision C/o Olsen & Olsen P O Box 706 Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:68-4-16.1 M� LSFN & OLSEN, L.L.P • t 'l' ATTORNEYS AT LAW P� (�,ry 40yJ) GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 3249.5 MAIN ROAD • PO. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-7.34-7666 • FAX 631-734-7712 • olsenlnw@optonline.net v February 11, 2008 Re: Barry Savits Subdivision Dear Mark: Enclosed please find a copy of the recorded Grant of Agricultural, Scenic, and Conservation Easement as well as the maps redated by the Suffolk Count epartment of Health Services. Very truly yo s, L R OLSEN GFO:lmk Enclosure Mark Terry Southold Town Planning Board Hand Delivered i 02/08/2008 16:25 631734 OLSEN & OLSEN,L• PAGE 01 h-;I/ OLSEN IgL OLSEN, L..L-.P. ATTORNEYS AT LAW GARY FLANNTR O SEN DAv1D WORTHINGTON O4SEN ATTORNEY AT LAW ATTORNF,Y AT LAW 32.49.5 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONF. 631-734-7666 • FAX 631-734-7712 • olsenl,w@opLnnline,nec 4 February 8,2008 Re: Savits Dear Mark: The Agricultural Agreement has been recorded. I am faxing herewith the recording page for the Agreement. We should have the fully recorded Agreement for you on Monday and I will get it to you. Very truly yours, G R OL GFO:hnk Enclosure Mark Terry Southold Town Planning Board Faxed to; 765-3136 ' y 4 4� -•�- � �� .5tL5S1✓+u _ 02/08/2008 16:25 6 47712 a-SEN & a-SEN,LLP PAGE 02 FEB. B.2006 2:331 LTIC RIVERHEAD �•543 P• 2 I ISI ISI INII fill lel lln l�1111 m 111 l • IIIIIIIIIIIIINIIIIIIN , SUFFOLK COW= CLWK xscoaos OFFICE MCORDYNCv PAGE , Type of lnatsmawent: yam2mw/,DOF Ipwoordad: 02/08/2008 Numbet of pages: 10 At: 01:59:09 FM Neaaipt Number 08-0012590, TAAIQSFSR TAX N0MMI 07^18453 LIBSR. DOQ012S40 PAGE: 137 Diatriat: section: Block: Lot: 1000 068.00 04.00 016.001 8EA1@m AND cYAROAD A8 rOWAXM Deed Amunt! $0.00 Renewed the Folldw"9 Fees Fou' Above Inotmaent Last $5.00 Pa"/Ful $30.00 No 8andlinq 45.00 NO nos $8.00 No Nr8 8RCN0 $15.00 NO Tv-594 $5.00 No Notation $0.00 No Cert.Capies $6.50 NO NOT $30.00 NO Transfer tau $0.00 . No O..P"x $0.00 No Fps raid $96.50 TFANeFrlt TAE NOl03EER: 07-15403 TNIS PAM 18 A PART OF THE 15MMMMT THIS Is. NOT A.B71L Dndith A. Pasoaie . County Clank, Wfolk County Southold Town Board - L er Boarteeting of JInua;y 29, 2008 awr �o RESOLUTION 2008-142 Item # ADOPTED DOC ID: 3565 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-142 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Grant of Agricultural Scenic and Conservation Easement and all other necessary documents to effectuate same, in connection with the Standard Subdivision of Bary Savits at Peconic, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell tr FEB - 7 2008 Generated Ianuan 30. 2008 Paec 3 FORM TO ACCOMPANY CONTRACTS, LEASES AND AGREEMENTS SENT TO THE TOWN ATTORNEY p FOR APPROVAL The1 document is between the Town of Southold and _VI New %il 2 5 2008 Renewal If renewal, what is the expiration date o 1t? Term of document: e Information,1 regarding the nature of the document (what is it for): C U Z o, e c _^ . Resolution Date: Date document needs to be signed by: I�jJ�p Sent to k . „ Date: Date: Date: Contact Person at TOS: mw, ✓ • OLSEN & OLSEN, L.L.• �� ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • PO. BOX 706 • CUTCHOGUE, NL WOhk 1935-0706. PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@opconline.net t { a ` November 26 312007 Re: BarrySAits Subdivision,-• Dear Mr. Trezza: Enclosed herewith please find Grant of Agricultural, Scenic, and Conservation Easement and supporting documents all of which have been signed by Barry Savits. Also enclosed please find a check in the sum of$14,000.00 and a separate check for $500.00. Very truly yours, F A ER GFO:Imk Enclosure Anthony Trezza, Senior Town Planner Southold Town Planning Board P. O. Box 1179 Southold,NY 11971 t^ J GRANT OF AGRICULTURAL SCENIC AND CONSERVATION EASEMENT THIS INDENTURE, made this 1 'Lt�,day of 1a , 2007, by and between Barry Savits, residing at 43 Fifth Avenue,New York NY 110003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold,New York 11971 ("GRANTEE"). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: Lot 3 as shown on a standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., last dated December 20, 2006, excluding therefrom a residential building envelope containing an area of 0.73 acres, which map is to be filed currently herewith, being part of District 1000, Section 068.00, Block 04.00, Lot 016.1 more particularly described in annexed Schedule A; AND WHEREAS, the said lands constitute an area of natural scenic beauty which is desirable and productive for farming and agricultural purposes, and whose openness and existing state of use enhances the conservation of natural, agricultural, and scenic resources,and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns, to acquire development rights, negative use easements, restrictive and affirmative covenants, and other contractual rights including Agricultural, Scenic, and Conservation Easements which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and 1 WHEREAS, it is Grantee's policy to conserve, preserve and protect the Town's natural resources and the natural and man-made attributes of its land, including farmland, as fundamental to maintaining and improving the agricultural economy, the attractiveness of the community, balanced growth, and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE'S policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant, transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, an agricultural, scenic, and conservation easement of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the "burdened premises" or the "premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: (i) agricultural operations limited to the raising of livestock, including horses, on lot 3, (excluding the building envelope as shown on the subdivision map); and 2 (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b) In furtherance of the restrictions imposed by this paragraph, the following Activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be frivolously destroyed, cut, or removed from the premises. This paragraph shall not prohibit the removal of dead or dying trees or trees around the building parcel that endanger the property or power lines; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events; (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except for that part of lot 3 containing 0.73 acres which is the permitted residential building envelope; (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage 3 disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non-agricultural use shall be constructed or permitted to come into existence on the burdened premises, except the grantor may construct a driveway for access to lots 2 and 3 and may repair and maintain the existing driveways and construct and maintain any new driveways reflected on the subdivision map; and (v) no aboveground utilities or utility lines shall be installed on the burdened premises except as they currently exist. (c.) Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural use and, to that end, GRANTOR shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. (d) GRANTEE shall have the right to inspect the burdened premises for the purpose of assuring itself that GRANTOR is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of GRANTOR; provided, however, that GRANTEE may inspect the premises at other times if it has reasonable and factual cause to believe a substantial violation of this easement is being undertaken or has occurred. 3. The nature, character, and extent of limitations on this easement shall be as 4 follows: (a.) The burdened premises shall not be open or available to the public for general or park use by reason of this easement, but instead shall remain at all times in GRANTOR'S exclusive possession, and subject to GRANTOR'S unqualified right to exclude all others therefrom by any and all lawful means. (b.) GRANTOR may continue to use, maintain, and replace (in-place and in- kind) those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and GRANTOR may also construct or erect buildings and structures reasonably necessary for agricultural operations actually being conducted on the burdened premises, provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold; (c.) All rights, interest, and privileges of GRANTOR in the burdened premises not specifically encumbered by the terms of this document shall remain and reside with the GRANTOR. 4. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR'S successors in interest. 5. Failure of GRANTEE to insist upon the strict performance of any provision of this easement shall not abrogate, or be deemed to waive, any of GRANTEE'S rights under this easement. 6. In accordance with Section 247 of the General Municipal Law, GRANTEE 5 hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by,the use restrictions imposed by this easement. 7. If at any time the whole or any part of the burdened premises shall be taken or condemned by GRANTEE, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises forthe portions so taken or condemned shall not be subject to the restrictions set forth herein. In any such event, GRANTOR shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this easement (even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned), nor shall any part of the condemnation award belong to or be payable to GRANTEE. This paragraph shall not be construed as any agreement or consent on the part of the GRANTOR to permit the GRANTEE or any other public authority to take or condemn the subject premises. 8. This easement shall be deemed a Conservation Easement subject to the provisions of Chapter 22 of the Southold Town Code. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date and year first above written. e,PL19� (GRANTOR) ATTEST: TOWN OF SOUTHOL (GRANTEE) By: To Jerk Supervis r 6 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of //Odew, lbzv 7 , 2007, before me, the undersigned, personally appeared Barry Savits, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public MANE E. O'CQftNOR Notary Public,$tat*,of New York Oualifl d In N6v Yoork County Commission ExPires June 3o, 2012 _ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the j1t day of FCLr,,c�r 200$, before me,the undersigned, personally appeared Sc�-f:¢- ,I- K , re , known tome or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, t ividual, or the person upon behalf of which the individual acted, executeTotary rument Public RECORD AND RETURN TO: TOWN CLERK TOWN OF SOUTHOLD KIERAN M.CORCORAN Town Hall QUALIFIED IN SUFFOLK COUNTY NOTARY k02C06119838 P. O. BOX 728 MY COMMISSION EXPIRES DEC.6,2X Southold, NY 11971 7 SCHFDULE A DESCRIPTION OF PROPERTY OF BARRY S. SAVITS FOR LOT #3 IN A MAP ENTITLED "STANDARD SUB- DIVISION FOR THE PROPERTY OF BARRY SAVITS. All that piece or parcel of land located in the Hamlet of Peconic, Town of Southold, County of Suffolk, State of New York, and being bound and described as follows: BEGINNING AT A POINT, said point being located on the easterly side of Sound View Avenue and being located 1,288 feet northerly along the easterly side of Sound View Avenue from the intersection of the northerly side of Mill Road, and from said point or place of beginning proceeding the following courses and distances: North 0 degrees 0 minutes 0 seconds East for a distance of 294.72 feet to a point; Thence southeasterly along other lands of Savits South 49 degrees 27 minutes 40 seconds East for a distance of 168.33 feet to a point; Thence northeasterly along other lands of Savits North 43 degrees 10 minutes 40 seconds East 241.70 feet to the lands of Sepenoski, thence southeasterly, southwesterly and northwesterly for the next nine (9) courses and distances along the lands of Sepenoski; South 49 degrees 27 minutes 40 seconds East 402.87 feet to a monument; South 47 degrees 05 minutes 40 seconds East 86.91 feet to a monument; South 48 degrees 05 minutes 40 seconds East 144.00 feet to a monument; South 34 degrees 04 minutes 40 seconds East 79.50 feet to a monument; South 27 degrees 30 minutes 40 seconds East 267.34 feet to a pipe; South 57 degrees 08 minutes 30 seconds West 425.97 feet to a concrete post; North 46 degrees 57 minutes 30 seconds West 242.00 feet to a concrete post; North 38 degrees 24 minutes 30 seconds West 139.45 feet to a concrete post; North 35 degrees 28 minutes 30 seconds West 212.40 feet to a concrete post; Thence northwesterly along the lands of Savits North 17 degrees 04 minutes 59 seconds West 148.95 feet to a point; Thence southwesterly along the lands of Savits South 90 degrees 00 minutes 00 seconds West 150.00 feet TO THE POINT OR PLACE OF BEGINNING. The above parcel of land contains 10.19 acres of land and is known as lot#3 in a minor sub-division map entitled Standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., land surveyor. Excepting from the above parcel an interior piece therein, being a building envelope, and bounded and described as follows: From the POINT OR PLACE OF BEGINNING in the above described parcel, and from said point or place of beginning proceeding on a bearing North 90 degrees 00 minutes 00 seconds East for a distance of 150.00 feet to a point, thence on a bearing of North 42 degrees 49 minutes 47 seconds East a distance of 59.75 feet to the BEGINNING OF SAID BUILDING ENVELOPE; Thence North 37 degrees 40 minutes 10 seconds East 160.00 feet; Thence South 52 degrees 19 minutes 50 seconds East 200.00 feet; Thence South 37 degrees 40 minutes 10 seconds West 160.00 feet; Thence North 52 degrees 19 minutes 50 seconds West 200.00 feet to the POINT OR PLACE OF BEGINNING OF SAID BUILDING ENVELOPE. 1 TP-584 (3/07) uow vo,es anmern of Tameim�aod Finance Com ed Real Estate Recording office time stamp Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax See Form TP-564-1, Instructions for Form TP-584, before completing this form.Please print or type. Schedule A—Information relating to conveyance GrantorfTransferor Name(u individual,last,first,middle mirtal) ® Individual Savits, Barry ❑ Corporation Mailing address Social security number ❑ Partnership 43 Fifth Ave. ❑ EstatefTrust City State ZIP code Federal employer ident.number ❑ Other NY 10003 Grantee/Transferee Name IV indlvlduat last first,middle Inifiat) Social security number ❑ Individual Town of Southold ' ❑ Corporation Mailing address Social security number ❑ Partnership P. 0. BOX 1179 ❑ Estate/Trust City State ZIP code / Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot - - District 1000 68 4 16.1 East side of Sound View Avenue Peconic Southold Suffolk Type of property conveyed (check applicable box) 1 ® One-to three-family house 5 ❑Commercial/Industrial Date of conveyance Percentage of real property 2 ❑ Residential cooperative 6 ❑Apartment building conveyed which is residential 3 ❑ Residential condominium 7 ❑Office building real property 4 ❑ Vacant land 8 EJOther moo h key year (see instructions) Condition of conveyance (check all that apply) a. E Conveyance of fee interest I.❑ Conveyance which consists of a I.❑ Option assignment or surrender mere change of identify or form of b. ❑ Acquisition of a controlling interest(stale ownership or organization(attachForm TP-584.1,Schedule F) m.❑ Leasehold assignment or surrender percentage acquired %) g.❑ Conveyance for which credit for tax n.❑ Leasehold grant c. ❑ Transfer of a controlling interest(state previously paid will be claimed(attach Form TP-584.1,Schedule G) percentage transferred %) o.El Conveyance of an easement h.❑ Conveyance of cooperative apartments) d. ❑ Conveyance to cooperative housing p.❑ Conveyance for which exemption corporation i.❑ Syndication from transfer tax claimed (complete Schedule B, Part 111) e. ❑ Conveyance pursuant to or in lieu of j.❑ Conveyance of air rights or q.❑ Conveyance of property partly within foreclosure or enforcement of security development rights and partly outside the state interest(attach Form TP.584.1,Schedule E) k.❑ Contract assi nmenI r.❑ Other(describe) For recording officers use Amount received Date received Transaction number Schedule B., Part I $ Schedule B., Part 11 $ Page 2 01 1TP-`Ud (3'ri l; Schedu!e B — Real estate transfer tax return (Tax Law, Article 31) Par:I–Computation of tax due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax,check the exemption claimed box,soler consideration and proceed to Part 111 Exemption claimed 1. – 0 2 Continuing lien deduction(see instructions it property is taken subject to mortgage or lien) ......................................... 2. – – 3 Taxable consideration (subtract line 2 from line 1) ......................................................................................_. ......_. 3. – O – 4 Tax:$2 for each$500, or fractional part thereof, of consideration on line 3......................................................... 4. 5 Amount of credit claimed (see instructions andatfach Form TP-584.1,Schedule G) ................................................... 5. 6 Total tax due' (subtract line 5 from line 4)................................................................................................................ 6. _ Part D–Computation of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amount of consideration for conveyance (from Part 1,line 1) ........................................................................ 1. 2 Taxable consideration (multiply line 1 by the percentage of the premises which is residential real properly,as shown in Schedule A).. 2. 3 Total additional transfer tax due' (mulliplyline 2 by 1%(01)).................................................................................. 3. Part 111–Explanation of exemption claimed on Part I,line 1 (check anyboxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations,the United States of America,the state of New York,or any of their instrumentalities, agencies,or political subdivisions(or any public corporation, including a public corporation created pursuant to agreement or compactwith another slate or Canada).............................................................................................................................................. a ❑ b. Conveyance is to secure a debt or other obligation............................................................................................................................ to ❑ c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance.............................. c ❑ d. Conveyance of real property is without consideration and not in connection with a sale,including conveyances conveying realtyas bona fide gifts........................................................................................................................................................................ d ❑ e. Conveyance is given in connection with a tax sale............................................................................................................................. e ❑ I. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot,be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F.................................................................... t ❑ g. Conveyance consists of deed of partition........................................................................................................................................... g ❑ h. Conveyance is given pursuant to the federal Bankruptcy Act............................................................................................................. h ❑ i. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or the granting of an option to purchase real property,without the use or occupancy of such property................................................. i ❑ j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantors personal residence and consists of a one-,two-,or three-family house, an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment....................................................................................................................................... j ❑ k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31, section 1401(e)(attach documents supportingsuch claim)........................................................................................................................................................................... k ❑ I. Other attach explanation) ................................................................................................... I ❑ 'Please make check(s)payable to the county clerk where the recording is to take place.If the recording is to take place in New York City, make check(s)payable to the NYC Department of Finance.If a recording is not required,send this return and your check(s) made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department, REIT Return Processing, PO Box 5045, Albany NY 12205-5045. r Page 3 of 4 TP-564 (3/07) 1' Scheduie C — Credit Line Mortgage Certificate (Tax Law, Article 11) - Complete the following only If the Interest being transferred is a fee simple interest. I (we)certifythat: (check the appropriate box) E I. The real property being sold or transferred is not subject to an outstanding credit line mortgage. - 2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: ❑The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the- real property(whether as a joint tenant,a tenant in common or otherwise) immediately before the transfer. ❑The transfer of real property is (A)to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or(B) to a person or entity where 50%or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more,and the real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described, above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. ❑Other(attach detailed explanation). 3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason: ❑A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is .No exemption from tax is claimed and the tax of is being paid herewith.(Make check payable to county clerk where deed will be recorded or, i7 the recording is to take place in New York City, make check payable to the NYC Department o/Finance.) Signature (both the grantor(s) and grantees) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return,certification,schedule, or attachment,is to the best of his/her knowledge, true and complete,and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. Town of Sout d By: + S Grantor signature TIIIe nlee aagnatur elle _ Barry Sav't C� wi , (f f Grantor signature Tule Grantee signature Title Reminder: Did you complete all of the required information in Schedules A, B, and C?Are you required to complete Schedule D? If you checked e, f,or g in Schedule A,did you complete Form TP-584.1?Have you attached your check(s) made payable to the county clerk where recording will take place or,if the recording is in New York City,to the NYC Department o1 Finance? If no recording is required, send your check(s),made payable to the Department of Taxation and Finance,directly to the NYS Tax Department, REIT Return Processing, PO Box 5045,Albany NY 12205-5045. Page 4 of 4 1 P-584 (3,107) • • , Schedule D - Certrticatlon of exemption from the payment of estimated personal Income lax (Tax Law, Article 22, section 663) Complete the following only If a fee simple Interest or a cooperative unit Is being transferred by an Individual or estate or trust. Part 1-New York State residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584), you must sign the certification below.If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided.If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification-oi resident transferors)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a)upon the sale or transfer of thArealerfforty orragperative unit. Signature Print lull name Dale Barry Savits 11 f �l Signature Print IUII name Oale Signature Print full name Dale Signature Print lull name Dale Note:A resident of New York State may still be required to pay estimated tax under Tax Law,section 685(c), but not as a condition of recording a deed. Part U-Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c),check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferor(s)/seller(s), that transferors)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law,section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.It more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form.For more information,see Payment o/estimated personal income fax,on page 1 of Form TP-584-I. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the tmnsferor(s)/sefer(s) (grantor)of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: ❑The real property or cooperative unit being sold or transferred qualifies in total as the transferors/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from l0 (see insfruQions). Date Dale ❑The transferor/seller is a mortgagor conveying the mortgaged property to amortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. ❑The transferor or transferee is an agency or authority of the United States of America,an agency or authority of the state of New York, the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association,or a private mortgage insurance company. Signalure Print lull name Dale Signalure Print lull name Dale Signature Print full name Dale Signature Print lull name Date Peconic Bay Region Community Preservation Fund Please print or type. Schedule A Information Re3ating to Conveyance Grantor Name(individual; last,first, middle initial) Southold NY 11971 ll Location and description of property conveyed Tax map designation Address Village Town Dist Section Block Lot 1000 68 4 16.1 East side of Sound View Avenue Peconic Southold Type of property conveyed(check applicable box) R] Improved Date of conveyance Dual Towns: �--- ❑ Vacant land month day yev Condition of conveyance(check all that apply) a. g Conveyance of fee interest k f. - Conveyance which consists of a mere k. - Contract assignment b. - Acquisition of a controlling interest(state change of identity or form of ownership 1. - Option assignment or surrender percentage acquired %) or organization m. - Leasehold assignment or surrender c. - Transfer of a controlling interest(state g. - Conveyance for which credit(or tax a - Leasehold grant percentage transferred %) previously paid will be claimed o. - Conveyance of an easement d. - Conveyance to cooperative housing h. - Conveyance of cooperative apartment(s) corporation p• -. Conveyance for which exemption Is i. - Syndication claimed(complete Schedule B. Part II) e. - Conveyance pursuant to or in lieu of j. - Conveyance of air rights or development foreclosure or enforcement of security rights p 9 - Conveyance of property partly within and g interest partly without the state r. - Other(describe) Schedule B - Community Preservation Fund Part I - Computation of Tax Due - 1. Enter amount of consideration for the conveyance (from line 1 TP584 Schedule B) ................................. 1 — 0 2. Allowance (see below) ......................................................................................................... 2 — 0 — 3. Taxable consideration (subtract line 2 from line 1) ........................................................................ 3 — 0 — 4. 2% Community Preservation Fund (of line 3) make certified check payable to SUFFOLK COUNTY CLERK a — 0 — 5. Property not subject to CPF Tax (See Schedule C) ................................ For recording officer's use Amount received Date received Transaction number Allowance: East Hampton $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) ` Shelter Island $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) Southampton $250,000.00 Improved $100,000.00 Vacant Land (Unimproved) Riverhead $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved) IU213..NMI, Part II - Explanation of Exemption Claimed in Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............................................................................................................ ❑ b. Conveyance is to secure a debt or other obligation ............................................................................................. ❑ c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ..................... ❑ d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realtyas bona fide gifts .............................................................................................................................. ❑ e. Conveyance is given in connection with a tax sale ............................................................................................. ❑ f. Conveyance is mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperativedwelling or dwellings.) ............................................................................................................... ❑ g. Conveyance consists of deed of partition ......................................................................................................... ❑ h. Conveyance is given pursuant to the federal bankruptcy act.........................................................I.......................... ❑ i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .......................................... ❑ j. Conveyance or real property which is subject to restrictions which prohibit the use of the entire property for any purposes except agriculture, recreation or conservation, pursuant to Section 1449-ee(2) 0) or(k) of Article 31-D of the Tax Law. (See required Town approval,below)............................................................................................................... ❑ k. Conveyance of real property for open space,parks, or historic preservation purposes to any not-for-profit tax exempt corporation operated for conservation, environmental, or historic preservation purposes. ................................................ ❑ 1. Other list explanations in space below (Grandfather/Contract) ................................................................................. ❑ m.The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Section 1449-ee of Article 31-D of the Tax law. (See j in Schedule C) Town Attorney or other designated official Penalties and Interest Penalties Interest Any grantor or grantee failing to file a return or to pay any tax within Daily compounded interest will be charged on the amount of the the time required shall be subject to a penalty of 10% of the amount tax due not paid within the time required. of tax due plus an interest penalty of 2% of such amount of each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or the tax became due. However, the interest penalty shall not exceed 25% in the aggregate. Signature (both the grantor(s) and grantee(s) must sign). The undersigned certify that the above return, including any certification, schedule attachment, is to the best of his/her knowledge, true and complete. Town of Sout d By: Barry Savits G nt /�- R Ucs 6 "� Grantor Grantee 12.0213.:09101 p 0 PLE�TYPE OR PRESS FIRMLY WHEN WRITJW ON FORM INSTRU S: http:H www.orps.state.ny.us or P (518) 473-7222 FOR COUNTY USE ONLY Ct. SWIS Code REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed Recorded 1 / / STATE BOARD OF REAL PROPERTY SERVICES Month Day Year RP - 5217 C3. Book I I I I I C4. Page I rrautos RP-5219 Rev 3/99 PROPERTY INFORMATION 1. Property East side of Sound View Avenue Location STREET NUMBER STREET NAME I Southold I Peconic 111958 CITY OR TOWN VILLAGE ZIP CODE 2.BUVOT I Town of Southold I Name LAST NAME COMPANY FIRST NAME LAST NAME/COMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form) Address LAST NAME/COMPANY FIRST NAME STREET NUMBER AND STREET NAME CITY OR TOWN STATE ZIP CODE 4.Indicate the number of Assessment ❑ (Only If Part of a Parcell Check as they apply: Roll parcels transferred on the deed p of Parcels OR Part of a Parcel 4A.Planning Board with Subdivision Authority Exists ❑ 5.Deed 4B.Subdivision Approval was Required for Transfer ❑ Property X I ORI 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET DEPTH ACRES 6.Seller I Savits I Barry Name LAST NAME/COMPANY FIRST NAME I I LAST NAME/COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: B.Ownership Type is Condominium ❑ A One Family Residential E Agricultural I Community Service 9. New Construction on Vacant Land El B 2 or 3 Family Residential F Commercial I Industrial 10A.Property Located within an Agricultural District ❑ C Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11.Sale Contract Date 1 / / A Sale Between Relatives or Former Relatives Month Day Year B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Date of Sale/Transfer / / D Buyer or Seller is Government Agency or Lending Institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) — 13. Full Sale Price .0 O G Significant Change in Property Between Taxable Status and Sale Dates 5 ,f e H Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. 1 Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.Indicate the value of personal 0 1 property included in the sale e ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from which information taken LTJ 17.Total Assessed Value(of all parcels in transfer) I 1 7 7 18. Property Class 1 19.School District Name 20.Tax Map Identifiers)/Roll Identifier(s)(If more than four,attach sheet with additional identifierls)) 1000-68-4-16.1 I I I I I I I I CERTIFICATION I certify that all of the items of information entered on this form are one and correct(to the best of my knowledge and belief)and I understand that the making of any wigfnl false statement of material fact herein will subject me to the provisions of the penal law relative to the making and(ding of false instruments. BUYER BUYER'S ATTORNEY 7�wK o`F o (mo o (¢L 6 51 URE /OA E IAST NAME FIRST NAME S`�5 TSI GLC/ �[V . STREET NUMBER // a AEET NAME IAFTER BALEI q c, AgEA CO T EPHONL�UMBEF �LfOR CITY OR TO N T`l �iLCD2l-�( / SELLER l NEW YORK STATE 1 � COPY PT OLSEN & OLSEN, L.L.P. FIle ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 • olsenlaw@optonline.net November 30, 2007 Re: Barry Savits Subdivision Dear Mr. Trezz: Enclosed herewith please find the final Application for Final Plat Approval as per our conversation of this morning. I understand that you will have the Town Board sign the Easement Agreement and have the Planning Board sign the Mylar Maps both of which I will record simultaneously with the County Center. Please have your office call when the Easement Agreement and Mylars are ready to be picked up. Thank you for your help in connection with thiIG IRYMAENNEROLSEN best wishes on your new venture. GFO:Imk Enclosure Anthony Trezza, SeniorTown Planner Southold Town Planning Board P. O. Box 1179 Southold,NY 11971 Hand Delivered 0 • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O��QF SOUryO Southold,NY 11971 Chair �Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON 'it� �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND I.YCOU '� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2007 Gary F. Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935-0706 Re: Proposed Standard Subdivision of Barry Savits Located on the a/s/o Sound View Avenue, approximately 932' north of Mill Road, in Peconic SCTM#1000-68-4-16.1 Zoning District: R-80 Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, September 10, 2007, adopted the following resolution: WHEREAS, this proposal is to subdivide a 12.454-acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73- acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on March 13, 2007, the Southold Town Planning Board hereby granted conditional final plat approval, upon the map prepared by Stanley J. Isaksen, L.S., dated August 12, 1999 and last revised December 20, 2006; and WHEREAS, by letter dated August 9, 2007, the applicant requested an extension of time to meet the conditions of conditional final approval, which is set to expire on September 13, 2007; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional final approval, effective September 13, 2007 through March 13, 2008. This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson 0 0 Af OLSEN & OLSEN, L.L.P. S'f' ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 3249S MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@optonline.net w t SEP 10 2001-� J September 10, 2007 Re: Savits—Subdivision i SCTM 1000-68-4-16.1 Dear Anthony: Enclosed please find the recorded Covenants and Restrictions in re the above matter. Please let this confirm our conversation of last week at which time you indicated that the Board has agreed to a 6 month extension. Please send yesometg. Thank you. Ve ARY FEAN&ER OLSEN GFO:Imk Enclosures Anthony Trezza, Senior Town Planner Southold Town Planning Board HAND DELIVERED s� *OLSEN & OLSEN, L.L.P. C/ j ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net August 9, 2007 Re: Savits—Subdivision SCTM 1000-68-4-16.1 Dear Anthony: Please be advised that Barry Savits will be on vacation for the last two weeks of August and would like to get things wrapped up while he is in Peconic. He would like to eliminate paragraph 7 of the Agricultural, Easement Agreement, which Agreement I sent to you July 10, 2007. Please advise if that is acceptable and if you find the Agreement acceptable. The approval from the Planning Board which was sent to me with a covering letter dated March 13, 2007 was for six months i.e. to September 13, 2007. I hereby request an additional six month extension to finalize the filing of the Covenants anestrictions and filing the map after it's signed by the Planning Board. I don't expect at I ill need the full six months but I would like to know that it is available. Very truly y ur , G Ff-AKYtR OLSEN GFO:Imk t•14 Anthony Trezza, Senior Town Planner Southold Town Planning Board P. O. Box 1179 Southold,NY 11971 AUG 10 2007 ri Faxed to: 765-3136 J ` • • 5(ilor OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 - olsenlaw@optonline.net July 10, 2007 Re: Savits—Subdivision Dear Mr. Trezza: Enclosed herewith please find revised copies of the "Grant of Agricultural, Scenic, and Conservation Easement' and "Declaration of Covenants &Restrictions," incorporating the changes we discussed at our recent meeting at your office. These are being sent for your review, if you find them satisfactory I will haIRY EFLA]KNAR, tor. OLSEN GFO:lmk Anthony Trezza Southold Town Planning Board ` Hand Delivered JUS 1 0 2001 GRANT OF AGRICULTURAL, SCENIC,AND CONSERVATION EASEMENT THIS INDENTURE,made this day of , 2007, by and between Barry Savits, residing at 43 Fifth Avenue,New York,NY 10003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold,New York 11971 ("GRANTEE"). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: Lot 3 as shown on a standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., last dated December 20, 2006, excluding therefrom a residential building envelope containing an area of 0.73 acres, which map is to be filed currently herewith, being part of District 1000, Section 068.00, Block 04.00, Lot 016.1 more particularly described in annexed Schedule A; AND WHEREAS, the said lands constitute an area of natural scenic beauty which is desirable and productive for farming and agricultural purposes, and whose openness and existing state of use enhances the conservation of natural, agricultural, and scenic resources, and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns, to acquire development rights, negative use easements, restrictive and affirmative covenants, and other contractual rights including Agricultural, Scenic, and Conservation Easements which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and 1 WHEREAS, it is Grantee's policy to conserve,preserve and protect the Town's natural resources and the natural and man-made attributes of its land, including farmland, as fundamental to maintaining and improving the agricultural economy,the attractiveness of the community, balanced growth, and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE'S policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR($1.00) and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant, transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, an agricultural, scenic, and conservation easement of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the "burdened premises" or the "premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: (i) agricultural operations limited to the raising of livestock, including horses, on lot 3, (excluding the building envelope as shown on the subdivision map); and 2 (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b) In furtherance of the restrictions imposed by this paragraph, the following Activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be frivolously destroyed, cut, or removed from the premises. This paragraph shall not prohibit the removal of dead or dying trees or trees around the building parcel that endanger the property or power lines; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events; (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except for that part of lot 3 containing 0.73 acres which is the permitted residential building envelope; (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage 3 disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non-agricultural use shall be constructed or permitted to come into existence on the burdened premises, except the grantor may construct a driveway for access to lots 2 and 3 and may repair and maintain the existing driveways and construct and maintain any new driveways reflected on the subdivision map; and (v) no aboveground utilities or utility lines shall be installed on the burdened premises except as they currently exist. (c.) Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural use and, to that end, GRANTOR shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. (d.) GRANTEE shall have the right to inspect the burdened premises for the purpose of assuring itself that GRANTOR is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of GRANTOR;provided,however,that GRANTEE may inspect the premises at other times if it has reasonable and factual cause to believe a substantial violation of this easement is being undertaken or has occurred. 3. The nature, character, and extent of limitations on this easement shall be as 4 follows: (a.) The burdened premises shall not be open or available to the public for general or park use by reason of this easement, but instead shall remain at all times in GRANTOR'S exclusive possession, and subject to GRANTOR'S unqualified right to exclude all others therefrom by any and all lawful means. (b.) GRANTOR may continue to use, maintain, and replace (in-place and in- kind)those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and GRANTOR may also construct or erect buildings and structures reasonably necessary for agricultural operations actually being conducted on the burdened premises,provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold; (c.) All rights, interest, and privileges of GRANTOR in the burdened premises not specifically encumbered by the terms of this document shall remain and reside with the GRANTOR. 4. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR'S successors in interest. 5. Failure of GRANTEE to insist upon the strict performance of any provision of this easement shall not abrogate, or be deemed to waive, any of GRANTEE'S rights under this easement. 6. In accordance with Section 247 of the General Municipal Law, GRANTEE 5 0 0 hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by,the use restrictions imposed by this easement. 7. If at any time the whole or any part of the burdened premises shall be taken or condemned by GRANTEE, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned shall not be subject to the restrictions set forth herein. In any such event, GRANTOR shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this easement (even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned), nor shall any part of the condemnation award belong to or be payable to GRANTEE. This paragraph shall not be construed as any agreement or consent on the part of the GRANTOR to permit the GRANTEE or any other public authority to take or condemn the subject premises. 8. This easement shall be deemed a Conservation Easement subject to the provisions of Chapter 22 of the Southold Town Code. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the date and year first above written. (GRANTOR) ATTEST: TOWN OF SOUTHOLD (GRANTEE) By: Town Clerk Supervisor 6 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007, before me,the undersigned, personally appeared Barry Savits, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007, before me,the undersigned, personally appearedknown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: TOWN CLERK TOWN OF SOUTHOLD Town Hall P. O. Box 728 Southold,NY 11971 7 0 SCHEDULE A DESCRIPTION OF PROPERTY OF BARRY S. SAVITS FOR LOT#3 IN A MAP ENTITLED "STANDARD SUB- DIVISION FOR THE PROPERTY OF BARRY SAVITS. All that piece or parcel of land located in the Hamlet of Peconic, Town of Southold, County of Suffolk, State of New York, and being bound and described as follows: BEGINNING AT A POINT, said point being located on the easterly side of Sound View Avenue and being located 1,288 feet northerly along the easterly side of Sound View Avenue from the intersection of the northerly side of Mill Road, and from said point or place of beginning proceeding the following courses and distances: North 0 degrees 0 minutes 0 seconds East for a distance of 294.72 feet to a point; Thence southeasterly along other lands of Savits South 49 degrees 27 minutes 40 seconds East for a distance of 168.33 feet to a point; Thence northeasterly along other lands of Savits North 43 degrees 10 minutes 40 seconds East 241.70 feet to the lands of Sepenoski, thence southeasterly, southwesterly and northwesterly for the next nine (9) courses and distances along the lands of Sepenoski; South 49 degrees 27 minutes 40 seconds East 402.87 feet to a monument; South 47 degrees 05 minutes 40 seconds East 86.91 feet to a monument; South 48 degrees 05 minutes 40 seconds East 144.00 feet to a monument; South 34 degrees 04 minutes 40 seconds East 79.50 feet to a monument; South 27 degrees 30 minutes 40 seconds East 267.34 feet to a pipe; South 57 degrees 08 minutes 30 seconds West 425.97 feet to a concrete post; North 46 degrees 57 minutes 30 seconds West 242.00 feet to a concrete post; North 38 degrees 24 minutes 30 seconds West 139.45 feet to a concrete post; North 35 degrees 28 minutes 30 seconds West 212.40 feet to a concrete post; Thence northwesterly along the lands of Savits North 17 degrees 04 minutes 59 seconds West 148.95 feet to a point; Thence southwesterly along the lands of Savits South 90 degrees 00 minutes 00 seconds West 150.00 feet TO THE POINT OR PLACE OF BEGINNING. The above parcel of land contains 10.19 acres of land and is known as lot#3 in a minor sub-division map entitled Standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr., land surveyor. Excepting from the above parcel an interior piece therein, being a building envelope, and bounded and described as follows: From the POINT OR PLACE OF BEGINNING in the above described parcel, and from said point or place of beginning proceeding on a bearing North 90 degrees 00 minutes 00 seconds East for a distance of 150.00 feet to a point,thence on a bearing of North 42 degrees 49 minutes 47 seconds East a distance of 59.75 feet to the BEGINNING OF SAID BUILDING ENVELOPE; Thence North 37 degrees 40 minutes 10 seconds East 160.00 feet; Thence South 52 degrees 19 minutes 50 seconds East 200.00 feet; Thence South 37 degrees 40 minutes 10 seconds West 160.00 feet; Thence North 52 degrees 19 minutes 50 seconds West 200.00 feet to the POINT OR PLACE OF BEGINNING OF SAID BUILDING ENVELOPE. DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 2007 by BARRY SAVITS, residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County,New York, more particularly bounded and described in Schedule A attached hereto,hereinafter referred to as the property and shown on the subdivision map of"Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated December 20, 2006; and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators, legal representatives, distributes, successors and assigns,to wit: 1) The clearing of each lot pursuant to Section 240-49C of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet c. Lot 3 —No clearing, grading or ground disturbance shall be permitted within the Open Space Area on Lot 3, with the exception of the area of the horse corral, in accordance with the Agricultural, Scenic and Conservation Easement that encumbers the subject property. 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1, 2 and 3 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. The Declarant shall have the right to construct a driveway to lot number 2 from the current asphalt driveway which leads to the Declarant's current residence across lot 3 to give access to lot number 2 as shown on the subdivision map. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section 240-44C of the Town Code to be recorded simultaneously herewith. 11) All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 12)No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 13)The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 14)Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 15) Driveways serving Lots 1 and 2 shall be constructed of a pervious material. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and his successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified,terminated,revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF ) On this day of in the year 2007 before me,the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being kAkqc at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as followst BEGINNING at a point on the southeasterly side of Soundview Avenue, where it is intersected by the northeasterly side of land now or formerly of Estate of S.F. Overton; thence along the southeasterly side of Soundview Avenue (1) northeasterly on a curve bearing to the right having a radius of 308.66 feet a dis- tance of 168.56 feet and (2) north 43 degrees 38 minutes 20 seconds east 39.94 feet; thence along land now or formerly of John B. Sepenoski (1) south 45 degrees 33 minutes 40 seconds east 231.51 felt; (2) south 49 degrees 27 minutes 40 seconds east 422.83 feet; (3) south 47 degrees 05 minutes 40 seconds east 86.91 feet; (4) south 48 degrees 05 minutes 40 seconds east 144 feet; (5) south 34 degrees 04 minutes 40 seconds east 79.5 feet; (6) south 27 degrees 30 minutes 40 seconds east 267.34 feet; (7) south 57 degrees 08 minutes 30 seconds west 425.97 feet; (8) north 46 degrees 57 minutes 30 seconds west 242 feet; (9) north 38 degrees 24 minutes 30 seconds west 139.4 feet; (10) north 35 degrees 28 minutes 30 seconds west 212.4 feet; thence south 42 degrees 22 minutes 00 seconds west 267.70 feet; thence south 40 degrees 10 minutes west 20.79 feet to the easterly side of Soundview Avenue; thence along Soundview Avenue due north 650.72 feet to a point; thence still due north 66.53 feet to the point or place of BEGINNING. BEING and intended to be the same premises conveyed to the party of the first part by deed from Nicholas DeChiaro dated April 30, 1973 and recorded in the Suffolk County Clerk's Office on May 17, 1973 in Liber 7400 page 21, and by deed from Frances O. Rich and Louise 0. Day dated June 12, 1973 and recorded in the Suffolk County Clerk's Office on July 19, 1973 in Liber 7445 page 469. 1 MEMORANDUM To: Gary Olsen, Esq. (fax# 631-734-7712) From: Anthony Trezza, Senior Planner Date: April 27,2007 Re: Standard Subdivision of Barry Savits 1000-68-4-15 & 16 Attached,please find the revisions to the Conservation Easement. Remember,the easement covers all of Lot 3 with the exception of the residential building envelope. Make sure that the schedule accurately describes the property, With respect to the C & R's add this statement (or some variation): No clearing, grading or ground disturbance shall be permitted within the Open Space Area on Lot 3,with the exception of the area of the horse corral, in accordance with the Agricultural, Scenic and Conservation Easement that encumbers the subject property. Once this change is made, you can record the C &R'sl As for the easement, make the changes and fax me a copy. The easement must be filed with the subdivision map after the Planning Board issues final approval and signs the maps. Call me if you have any questions. ' r • ah`d r (i) agricultural operations limited to the raising of livestock, i uding her horses, in location on that portion of lot 3 as shown on the subdivision in and (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b.) In furtherance of the restrictions imposed by this paragraph, the following activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be destroyed, cut, or removed from the premises; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events: (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except as provided in paragraph 3 (b.) below; - 3 - OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@optonline.net May 14, 2007 FM'AY U �y 1 52007 0' Re: Savits Subdivision _J soutnoia Town i %anni Board Dear Mr. Trezza: Enclosed please find the revised covenants and restrictions and Agricultural Easement Agreement. Stan Isaksen will be preparing information so that I can describe lot 3 excluding the residential building envelope for the Conservation Agreement. Please call my office tomorrow to let me know that you approve of th nal documents since Dr. Savits will be in my office Thursday to sign same. Very truly you , RO N GFO:Imk Enclosure Anthony Trezza, Senior Planner Faxed to: 765-3136 DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 2007 by BARRY SAVITS, residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County,New York, more particularly bounded and described in Schedule A attached hereto,hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated December 20, 2006; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributes, successors and assigns,to wit: 1) The clearing of each lot pursuant to Section 240-49C of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet c. Lot 3 —No clearing, grading or ground disturbance shall be permitted within the Open Space Area on Lot 3, with the exception of the area of the horse corral, in accordance with the Agricultural, Scenic and Conservation Easement that encumbers the subject property. 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1, 2 and 3 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section 240-44C of the Town Code to be recorded simultaneously herewith. 11)All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 12)No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 13)The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 14) Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 15) Driveways serving Lots 1 and 2 shall be constructed of a pervious material. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated,revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified,terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. f • • IN WITNESS WHEREOF,the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF ) On this day of in the year 2007 before me,the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 0 SCHEDULE A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Soundview Avenue, where it is intersected by the northeasterly side of land now or formerly of Estate of S.F. Overton; thence along the southeasterly side of Soundview Avenue (1) northeasterly on a curve bearing to the right having a radius of 308 . 66 feet a distance of 168 . 56 feet and (2) north 43 degrees 38 minutes 20 seconds east 39 .94 feet; thence along land now or formerly of John B. Sepenoski (1) south 45 degrees 33 minutes 40 seconds east 231. 51 feet; (2) south 49 degrees 27 minutes 40 seconds east 422 . 83 feet; (3) south 47 degrees 05 minutes 40 seconds east 86. 91 feet; (4) south 48 degrees 05 minutes 40 seconds east 144 feet; (5) south 34 degrees 04 minutes 40 seconds east 79 .5 feet; (6) south 27 degrees 30 minutes 40 seconds east 267 . 34 feet; (7) south 57 degrees 08 minutes 30 seconds west 425. 97 feet; (8) north 46 degrees 57 minutes 30 seconds west 242 feet; (9) north 38 degrees 24 minutes 30 seconds west 139 . 4 feet; (10) north 35 degrees 28 minutes 30 seconds west 212 . 4 feet; thence south 42 degrees 22 minutes 00 seconds west 267 . 70 feet; thence south 40 degrees 10 minutes west 20. 79 feet to the easterly side of Soundview Avenue; thence along Soundview Avenue due north 650 . 72 feet to a point; thence still due north 66. 53 feet to the point or place of BEGINNING. GRANT OF AGRICULTURAL, SCENIC,AND CONSERVATION EASEMENT THIS INDENTURE, made this day of , 2007, by and between Barry Savits. residing at 43 Fifth Avenue,New York,NY 10003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold,New York 11971 ("GRANTEE"). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: Lot 3 as shown on a Standard Subdivision for the Property of Bang Savits as prepared by Stanley J. Isaksen, Jr., last dated December 20, 2006 excluding therefrom a residential building envelope, which map is to be filed currently herewith, being part of District 1000, Section 068.00, Block 04.00, Lot 016.1 more particularly described in annexed Schedule A AND WHEREAS, the said lands constitute an area of natural scenic beauty which is desirable and productive for fanning and agricultural purposes, and whose openness and existing state of use enhances the present and potential value of abutting and surrounding properties, enhances the conservation of natural, agricultural, and scenic resources, and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns,to acquire fee title or lesser interest in land, including development rights, negative use easements,restrictive and affirmative covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and WHEREAS, it is Grantee's policy to conserve, preserve and protect the - 1 - Town's natural resources and the natural and man-made attributes of its land, including farmland, as fundamental to maintaining and improving the agricultural economy,the attractiveness of the community, balanced growth, and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE's policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant, transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, and agricultural, scenic, and conservation easement in gross, of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the"burdened premises" or the"premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: - 2 - (i) agricultural operations limited to the raising of livestock, including horses, in location on that portion of lot 3 as shown on the subdivision map and identified as a horse corral; and (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b) In furtherance of the restrictions imposed by this paragraph,the following Activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be destroyed, cut, or removed from the premises; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and; (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events; (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected,maintained, or moved onto or within the premises, except as provided in paragraph 3 (b.)below; - 3 - (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non-agricultural use shall be constructed or permitted to come into existence on the burdened premises; and (v) no aboveground utilites or utility lines shall be installed on the burdened premises. (c.) Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural use and,to that end, GRANTOR shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. - 4 - (d.) GRANTEE shall have the right to inspect the burdened premises for the purpose of assuring itself that GRANTOR is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of, GRANTOR; provided, however, that GRANTEE may inspect the premises at other times if it has reasonable cause to believe a substantial violation of this easement is being undertaken or has occurred. 3. The nature, character, and extent of limitations on this easement shall be as follows: (a.) The burdened premises shall not be open or available to the public for general or park use by reason of this easement,but instead shall remain at all times in GRANTOR's exclusive possession, and subject to GRANTOR's unqualified right to exclude all others therefrom by any and all lawful means, except as provided for in paragraph 2 (e.) above. (b.) GRANTOR may continue to use,maintain, and replace (in-place and in- kind) those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and GRANTOR may also construct or erect buildings and structures reasonably necessary for agricultural operations actually being conducted on the burdened premises,provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold (c.) All rights, interest, and privileges of GRANTOR in the burdened premises not specifically granted, transferred, bargained, sold, or conveyed to GRANTEE herein shall remain and reside with GRANTOR. 5 - 4. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR's successors in interest. 5. Failure of GRANTEE to insist upon the strict performance of any provison of this easement shall not abrogate, or be deemed to waive, any of GRANTEE's rights under this easement. 6. In accordance with Section 247 of the General Municipal Law, GRANTEE hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by, the use restrictions imposed by this easement. 7. If at any time the whole or any part of the burdened premises shall be taken or condemned by GRANTEE, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned) shall not be subject to the restrictions set forth herein. In any such event, GRANTOR shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this easement (even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned), nor shall any part of the condemnation award belong to or be payable to GRANTEE. - 6 - 0 8. This easement shall be deemed a Conservation Easement subject to the provisions of Chapter 22 of the Southold Town Code. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the date and year first above written. (GRANTOR) ATTEST: TOWN OF SOUTHOLD (GRANTEE) By: Town Clerk Supervisor STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007,before me,the undersigned, personally appeared Barry Savits ,known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - 7 - STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007, before me,the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: TOWN CLERK TOWN OF SOUTHOLD Town Hall P. 0. Box 728 Southold,NY 11971 - 8 - JV/of •OLSEN & OLSEN, L.L.P. • lqr ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net April 16, 2007 Re: Barry Savits Subdivision 1000-68-4-15 & 16 Dear Mr. Trezza: Enclosed please find the additional five prints of the survey approved by the Suffolk County Department of Health which the Town requested. Please fax me the revised Easement Agreement and Covenants and Restrictions. Thank you for your cooperation. Very truly yours, L ER OLSE GFO:Imk Enclosures Anthony Trezza, Senior Planner Southold Town Planning Board P. O. Box 1179 Southold,NY 11971 p E �. od � i r r APA 1 7pp07D i $OGBiGI"u lwn P b,%r Board ij r 4 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS QF so or P.O. Box 1179 JERILYN B.WOODHOUSE ��`�` yQIO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS y -,a- Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �Q�p (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND n C�UIY i Southold, NY Telephone: 631765-1938 Fax: 631765-3136 March 13, 2007 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Gary F. Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935-0706 Re: Proposed Standard Subdivision of Barry Savits The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SCTM#1000-68-4-16.1 Zoning District: R-80 Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, March 12, 2007, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on April 10, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised November 3, 2005; and WHEREAS, on July 10, 2006, the Southold Town Planning Board designated itself as lead agency for this unlisted action and granted a Negative Declaration pursuant to SEQRA; and WHEREAS, on August 14, 2006, the Southold Town Planning Board granted conditional preliminary plat approval on the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised July 18, 2006; and WHEREAS, November 27, 2006, the applicant submitted one (1) copy of the Letter of Non-Jurisdiction issued by the New York State Department of Environmental Conservation; and WHEREAS, on January 18, 2007, the applicant submitted one (1) copy of the draft Agricultural Conservation Easement for review and approval by the Town Board, the Planning Board and the Town Attorney; and 1 Savits Subdivision Page Two March 13, 2007 WHEREAS, on February 8, 2007, the applicant submitted two (2) paper prints and five (5) mylars of the final map, prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised December 20, 2006, each containing the Health Department stamp of approval; and WHEREAS, by letter dated February 7, 2007, the applicant requested a waiver of the final public hearing; be it therefore RESOLVED, that because the final map is in substantial agreement with the approved preliminary map and there was no public opposition to the project at the preliminary hearing, the Southold Town Planning Board hereby waive the final public hearing for this project; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval, upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised December 20, 2006, subject to the following conditions: 1. Submission of additional application fees in the amount of$500. 2. Submission of five (5) additional paper prints of the final map, each containing the Health Department stamp of approval. 3. Submission of the final Agricultural Easement for approval by the Planning Board and acceptance by the Town Board. ✓ 4. Submission of a copy of the recorded Declaration of Covenants and Restrictions' 5. Submission of the park and playground fee in the amount of$14,000 ($7,000 per new lot created). This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson OLSEN & OLSEN, L.L.P. S- ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORrHING'rON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • PO. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net March 7, 2007 Re: Barry Savits Subdivision Dear Mr. Trezza: Enclosed please find the revised Conservation Agreement. If same is satisfactory I will forward it on to the applicant for signature. Very truly yours, G R F NNER L /. GFO:Imk Enclosure Y„' .tm..aa.n..fr..:. a. .VfAx.N ..r.•c, Anthony Trezza, Senior Planner Southold Town Planning Board P. O. Box 1179 Southold,NY 11971 i GRANT OF AGRICULTURAL SCENIC AND CONSERVATION EASEMENT THIS INDENTURE, made this day , 2007, by and between Barr v Savits, residing at 43 Fifth Avenue,New York,NY 10003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold,New York 11971 ("GRANTEE). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: That portion of Lot 3 shown as "Proposed Horse Corral/Paddock" on the Standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr. being part of District 1000, Section 068.00, Block 04.00, Lot 016.1. AND WHEREAS, the said lands constitute an area of natural scenic beauty which is desirable and productive for farming and agricultural purposes, and whose openness and existing state of use enhances the present and potential value of abutting and surrounding properties, enhances the conservation of natural, agricultural, and scenic resources, and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns, to acquire fee title or lesser interests in land, including development rights, negative use easements, restrictive and affirmative covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and WHEREAS, it is GRANTEE's policy to conserve,preserve, and protect the - 1 - Town's natural resources and the natural and man-made attributes of its land, including farmland, as fundamental to maintaining and improving the agricultural economy, the attractiveness of the community, balanced growth, and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE's policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration to GRANTOR, the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant, transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, and agricultural, scenic, and conservation easement in gross, of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the "burdened premises" or the"premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: 2 - (i) agricultural operations limited to the raising of livestock, including horses, in location on that portion of lot 3 as shown on the subdivision map; and (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b.) In furtherance of the restrictions imposed by this paragraph, the following activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be destroyed, cut, or removed from the premises; (ii) no dump or storage area for the disposal of ashes,trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events: (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except as provided in paragraph 3 (b.)below; - 3 - (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non-agricultural use shall be constructed or permitted to come into existence on the burdened premises; and (v) no aboveground utilites or utility lines shall be installed on the burdened premises. (c.) Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural use and, to that end, GRANTOR shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. - 4 - (d.) GRANTEE shall have the right to inspect the burdened premises for the purpose of assuring itself that GRANTOR is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of, GRANTOR; provided, however,that GRANTEE may inspect the premises at other times if it has reasonable cause to believe a substantial violation of this easement is being undertaken or has occurred. 3. The nature, character, and extent of limitations on this easement shall be as follows: (a.) The burdened premises shall not be open or available to the public for general or park use by reason of this easement, but instead shall remain at all times in GRANTOR's exclusive possession, and subject to GRANTOR's unqualified right to exclude all others therefrom by any and all lawful means, except as provided for in paragraph 2 (e.) above. (b.) GRANTOR may continue to use, maintain, and replace (in-place and in- kind) those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and GRANTOR may also construct or erect buildings and structures reasonably necessary for agricultural operations actually being conducted on the burdened premises, provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold (c.) All rights, interest, and privileges of GRANTOR in the burdened premises not specifically granted, transferred, bargained, sold, or conveyed to GRANTEE herein shall remain and reside with GRANTOR. 5 - 0 4. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR's successors in interest. 5. Failure of GRANTEE to insist upon the strict performance of any provison of this easement shall not abrogate, or be deemed to waive, any of GRANTEE's rights under this easement. 6. In accordance with Section 247 of the General Municipal Law, GRANTEE hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by,the use restrictions imposed by this easement. 7. If at any time the whole or any part of the burdened premises shall be taken or condemned by GRANTEE, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned) shall not be subject to the restrictions set forth herein. In any such event, GRANTOR shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this easement (even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned), nor shall any part of the condemnation award belong to or be payable to GRANTEE. - 6 - 8. This easement shall be deemed a Conservation Easement subject to the provisions of Chapter 22 of the Southold Town Code. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the date and year first above written. (GRANTOR) ATTEST: TOWN OF SOUTHOLD (GRANTEE) By: Town Clerk Supervisor STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007,before me, the undersigned, personally appeared Barr, Savits` known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - 7 - STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: TOWN CLERK TOWN OF SOUTHOLD Town Hall P. O. Box 728 Southold, NY 11971 - 8 - 02/2W2007 15:09 L31734 7%12 OLSEN & OLSc PAIGE 01 OLSEN & OLSENr L.L.P. ATTORNEYS AT LAW GARY FLANNER 0I,tiGN DAVID W0R.I'NINC;TON OI.SFN ATTORNEY AT I,AW ATTORNEY AT LAW 32493 .41.4TN ROAD • P0. 13OX 706 • CUTCHOGUE,NEW YORK 11935-0706 PHONE 01-7.'54-7666 • FAX 631-734-7712 olsenlawC'rop[online.net February 28,2007 Re: Barry Savits Subdivision Dear Mr. Trezza: We would like to wrap this up by the March meeting. Please send me any amendments to the Agricultural Easement that you want to make and please advise as to what fees will be required for final approval and the date of the meeting when this will be coming up. Thank you. Very truly yours, A FANNER SE. .t OFO:Imk Anthony Trezza Southold Town Planning Board Faxed to: 765-3136 �r- • OLSEN & OLSEN, L.L.P. Ar ATTORNEYS AT LAW MARY FLANNER 01 SEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net February 7, 2007 Re: Barry Savits Subdivision Dear Mr. Trezza: I am enclosing herewith 5 mylars and 2 prints which have been approved by the Suffolk County Department of Health Services. I understand that you will be bringing this file up before the Planning Board at its February meeting and will be seeking to have the final public hearing waived since there was no opposition at the preliminary hearing. If there is anything further you need from my offic o th we can finalize this subdivision,please advise. Very t y ours, GER OLSEN _:"...- GFOamk Enclosures Anthony Trezza � r Southold Town Planning Board 1` 001 Hand Delivered � gip. OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net lI ' January 16, 2007 Re: Barry Savits Subdivision Dear Mr. Trezza: Pursuant to our phone conversation this afternoon I am enclosing herewith a proposed "Grant of Agricultural, Scenic, and Conservation Easement." As discussed this may need some revision after you have had anopportunity to review same. Also as discussed there was no opposition at the preliminary hearing I would request that the final public hearing be waived. I am still waiting for final Health Department Approval and I am enclosing herewith a "Notice of Incomplete Application"received from the Suffolk County Department of Health Services dated January 11, 2007. Please note that the maps have been approved and are being held pending receipt of the required current test well sample. The water test was taken on November 28, 2006 by the Health Department and I am told that it takes approximately six weeks to obtain the results. Accordingly, we should have final Health Department approval shortly and as soon as I hear from the Health Department I will pick the approved maps from the Health Department in Yapank. Since I still do not have the Health Department approval I wo d reque that the preliminary approval from the Planning Board granted after e prelimin public hearing be extended for an additional six month time frame. Thank you for your consideration in these matters. Very truly urs, GAR LA ER OLSEN A. r GFO:Imk .� Anthony Trezza d l Southold Town Planning Board � � " 1 P. O. Box 1179 tilt Southold,NY 11971 i V _. GRANT OF AGRICULTURAL, SCENIC,AND CONSERVATION EASEMENT THIS INDENTURE, made this day , 2007, by and between Bann Savits, residing at 43 Fifth Avenue,New York, NY 10003-4368 ("GRANTOR"), and the Town of Southold, a municipal corporation having its principal offices at 54375 State Route 25, Southold,New York 11971 ("GRANTEE). WHEREAS, GRANTOR owns certain lands situate at Peconic, Town of Southold, County of Suffolk, State of New York, described as follows: That portion of Lot 3 shown as "Proposed Horse Corral/Paddock" on the Standard Subdivision for the Property of Barry Savits as prepared by Stanley J. Isaksen, Jr. being part of District 1000, Section 068.00, Block 04.00, Lot 016.1. AND WHEREAS,the said lands constitute an area of natural scenic beauty which is desirable and productive for fanning and agricultural purposes, and whose openness and existing state of use enhances the present and potential value of abutting and surrounding properties, enhances the conservation of natural, agricultural, and scenic resources, and yields a significant public benefit; and WHEREAS, Section 247 of the New York General Municipal Law authorizes designated governmental bodies, including Towns, to acquire fee title or lesser interests in land, including development rights, negative use easements, restrictive and affirmative covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, including agricultural lands; and WHEREAS, it is GRANTEE's policy to conserve, preserve, and protect the - 1 - Town's natural resources and the natural and man-made attributes of its land, including farmland, as fundamental to maintaining and improving the agricultural economy,the attractiveness of the community, balanced growth, and the quality of life in the Town generally; and WHEREAS, in furtherance of GRANTEE's policies and in accordance with Section 247 of the General Municipal Law, GRANTOR wishes to convey and GRANTEE wishes to accept this agricultural, scenic, and conservation easement; NOW THEREFORE, in consideration of ONE DOLLAR($1.00) and other good and valuable consideration to GRANTOR,the receipt of which is hereby acknowledged, this agreement WITNESSETH 1. GRANTOR does hereby grant,transfer, bargain, sell, and convey unto GRANTEE, in perpetuity, and agricultural, scenic, and conservation easement in gross, of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (hereinafter sometimes referred to as the "burdened premises" or the "premises"). 2. The nature, character, and extent of the easement hereby granted are as follows: (a.) The use and development of the burdened premises shall forever be restricted to some or all of the following activities: 2 - (i) agricultural operations, including soil preparation, cultivation, drainage, fertilization, irrigation pest control, erosion control, and other normal and customary agricultural practices, all as designed and intended to promote and enhance open, undeveloped land and agricultural production, encompassing the production or raising of field crops, vegetables, fruits,trees, horticultural specialties, flowers, livestock (including cattle, sheep, goats, horses and poultry) and livestock products, and other ordinary farm products; and (ii) the use of farm vehicles and equipment in connection with agricultural operation. (b.) In furtherance of the restrictions imposed by this paragraph,the following activities are regulated as set forth below: (A) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 2 (a.) above (i) no trees or shrubs shall be destroyed, cut, or removed from the premises; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; (B) In all events: - 3 - (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except as provided in paragraph 3 (b.) below; (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non-agricultural use shall be constructed or permitted to come into existence on the burdened premises; and (v) no aboveground utilites or utility lines shall be installed on the burdened premises. (c.) Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural - 4 - use and,to that end, GRANTOR shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. (d.) GRANTEE shall have the right to inspect the burdened premises for the purpose of assuring itself that GRANTOR is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of, GRANTOR; provided,however,that GRANTEE may inspect the premises at other times if it has reasonable cause to believe a substantial violation of this easement is being undertaken or has occurred. 3. The nature, character, and extent of limitations on this easement shall be as follows: (a.) The burdened premises shall not be open or available to the public for general or park use by reason of this easement, but instead shall remain at all times in GRANTOR's exclusive possession, and subject to GRANTOR's unqualified right to exclude all others therefrom by any and all lawful means, except as provided for in paragraph 2 (e.) above. (b.) GRANTOR may continue to use, maintain, and replace (in-place and in- kind)those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and GRANTOR may also construct or erect buildings and structures (including farmstands) reasonably necessary for agricultural operations actually being conducted on the burdened premises, provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold - 5 - (c.) All rights, interest, and privileges of GRANTOR in the burdened premises not specifically granted, transferred, bargained, sold, or conveyed to GRANTEE herein shall remain and reside with GRANTOR. 4. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to GRANTOR shall also refer to GRANTOR's successors in interest. 5. Failure of GRANTEE to insist upon the strict performance of any provison of this easement shall not abrogate, or be deemed to waive, any of GRANTEE's rights under this easement. 6. In accordance with Section 247 of the General Municipal Law, GRANTEE hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by, the use restrictions imposed by this easement. 7. If at any time the whole or any part of the burdened premises shall be taken or condemned by GGRANTEE, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned) shall not be subject to the restrictions set forth herein. In any such event, GRANTOR shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or - 6 - r limited by this easement(even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned), nor shall any part of the condemnation award belong to or be payable to GRANTEE. 8. This easement shall be deemed a Conservation Easement subject to the provisions of Chapter 22 of the Southold Town Code. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the date and year first above written. (GRANTOR) ATTEST: TOWN OF SOUTHOLD (GRANTEE) By: Town Clerk Supervisor STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007, before me, the undersigned, personally appeared Barry Savits`, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - 7 - STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On the day of 2007, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: TOWN CLERK TOWN OF SOUTHOLD Town Hall P. O. Box 728 Southold,NY 11971 8 - WWM-025 (Rev. 8/05) ALK COUNTY DEPARTMENT OF HEALAORVICES OFFICE OF WASTEWATER MANAGEMENT 360 YAPHANK AVENUE,SUITE 2C YAPHANK,NEW YORK 11980 NOTICE (631) 852-5700 GMZ 4 NOTICE OF INCOMPLETE APPLICATION—SUBDIVISION TO: Gary Flanner Olsen SUB NAME: Savits 32495 Main Road, P.O. Box 706 REF. NO.: S10-01-0014 Cutchogue, NY 11935-0706 SCTM NO: 1000-68-4-15 & 16 Your submission for the referenced subdivision has been reviewed. This office will require the following for further review and/or approval: ❑ Application form signed by licensed design professional and owner ❑ Yield map, minimum square foot lots. ❑ Filing fee $ due. ❑ Test hole(s) located and witnessed by: ❑Health Dept.-Call 852-5754 to schedule inspection. Install in area of proposed sewage disposal system. ® Test well(s) sampled by Health Department. Follow procedures sent previously. (Test well does not indicate a waiver of requirement for connection to public water) ❑ Public water availability letter from water district (Include distance &cost if water main extension is required). ❑ Public sewer availability letter from local sewer district. ❑ Wetlands permit or determination letter. ❑ Design report by licensed design professional for the onsite sewage disposal system and water supply. ❑ Covenants: Instructions enclosed. See Special paragraph(s) for: ❑ Board of Review variance. ❑ Non-conformance notice enclosed. ❑ SEQRA determination from Town. ❑ Certificate of Authorization, or disclaimer. In addition, the following is required to be shown on a preliminary/final map or on a separate sewage disposal/water supply plan signed and sealed by a licensed design professional: ❑ Metes and Bounds Description, lot areas, key map* ❑ Suffolk County Tax Map Number* ❑ Sewage disposal &water supply locations for all existing buildings on property(specify if none) ❑ Neighboring wells and sewage disposal systems within 150 feet of property(specify if none) ❑ Design for the onsite sewage disposal system(s) per Department standards - see below ❑ Design for sewer main extension approved by local sewer district (for existing sewers in Sewer District#3, sewer stubs must be marked by district on plan) ❑ Topographic contours. (5 ft. interval) ❑ Water/Sewer main location(s) (label as existing/proposed)* ❑ Test well locations* ❑ Corner elevations and test hole elevation ❑ Department approval stamp* ❑ Test hole grade.elevation* ❑ Typical lot layout: water& sewage disposal* ❑ L.S. certification and ❑certification of sewage disposal & water supply design by P.E., R.A., or L.S. with exemption (original signatures & seals required)*. [*] FINAL maps to be filed with County Clerk require items marked above with asterisk(*). ® Other: Approval of the maps is being held for the required current test well sample -- .-.. -------- _ ..__ CC: REVIEWED BY Pat Flona, P.E. — ---- — —. .......-. DATE: January 11, 2007 ......... .......... ......... ... ........_. PLEASE RETURN A COPY OF THIS FORM WITH ANY RESUBMISSION(S) OLSEN & OLSEN, L.L.P. 17 I ATTORNEYS AT LAW MARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net November 22, 2006 Re: Barry Savits Subdivision SCTM 1000-68-4-16.1 Dear Mr. Trezza: Enclosed please find a copy of the Non Jurisdiction letter from the DEC dated November 21, 2006 in re the above matter. Very truly yours, *LER G Y S)z3 GFO:Imk Enclosure Anthony Trezza 1 Senior Planner Southold Town Hall Annex P. O. Box 1179 h�17 2 7 2 2j Southold,NY 11971 I 11/21/2006 14:52 FA% 6914440 NYSDEC , [a 001 New York State Department of Environmental Conservation Ask of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0365 • FAX: (631)444-0360 game Website:www.dec.state.ny.us NW Denise M.Sheehan Commissioner LETTER OF NON dURTSDICTION FRESHWATER WETLANDS ACT Barry Savits November 21, 2006 43 Fifth Avenue New York,NY 10003-4368 Re: Application#1-4738-03598/00001 Savits Property, Soundview Avenue,Peconic, SCTM#1000-68-4-16.1 Dear Mr. Savits: Based on the information you submitted the Department of Environmental Conservation has determined that your proposed project to subdivide a property and construct three dwellings with accessory strictures at the referenced site is more than 100 feet from regulated freshwater wetlands. Therefore,no permit is required pursuant to the Freshwater Wetlands Act(Article 24) and its implementing regulations (6NYCRR Part 663). Be advised, all construction, clearing,and/or ground disturbance must remain more than 100 feet from the freshwater wetland boundary. In addition, any changes,modifications or additional work to the project as described,may require authorization by the Department. Please contact this office if such activities are contemplated. Please note that this letter does not relieve you of the responsibil-y Sf obtaining any necessary permits or approvals from other agencies or local municipalities. r, Sincerely, I 7C'M ark Carrara Deputy Permit Administrator - cc: Gary Flanner Olsen, Attorney BOH file PLANNING BOARD MEMBEZ MAILING ADDRESS:P.O. Box 1179 JERILYN B.WOODHOUSE ro��OF soUTy�Io Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR u+ 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND coul �v Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE August 15, 2006 TOWN OF SOUTHOLD Gary F. Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935-0706 Re: Proposed Standard Subdivision of Barry Savits The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SCTM#1000-68-4-16.1 Zoning District: R-80 Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, August 14, 2006, adopted the following resolution: The public hearing was closed. WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on April 10, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised November 3, 2005; and WHEREAS, on July 10, 2006, the Southold Town Planning Board designated itself as lead agency for this unlisted action and granted a Negative Declaration pursuant to SEQRA; and WHEREAS, on April 27, 2006, the applicant submitted the preliminary map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised April 24, 2006; and WHEREAS, on July 13, 2006, the applicant submitted a revised draft copy of the Declaration of Covenants and Restrictions with the changes as required by the Planning Board; and WHEREAS, on July 18, 2006, the applicant submitted an Application for Preliminary Plat Approval along with a revised map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised July 18, 2006; be it therefore Savits Subdivision August 15, 2006 Page Two RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat Approval on the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised July 18, 2006, subject to the following conditions: 1. Submission of the application and fee for Final Plat Approval. 2. Submission of the final maps (eight (8) paper prints and five (5) mylars) containing the Health Department stamp of approval. 3. Submission of a Freshwater Wetlands Permit or letter of non-jurisdiction from the NYSDEC. 4. Submission of a draft Agricultural Easement for the open space area pursuant to §240-44(c) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 5. Submission of a copy of the recorded Declaration of Covenants and Restrictions. 6. Submission of the park and playground fee in the amount of$14,000 ($7,000 per new lot created). This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, ?ehly4n B. Woodhouse Chairperson cc: Elizabeth Neville, Town Clerk #7991 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 3rd day of August , 2006. Principal Clerk Sworn to before me this day of 2006 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, I pursuant to Section 276 of the Towv Law and Article XXV of the Code of the Town of Southold,a public hearing will &*MQ11l6T1tNA VOLINSKI be held by the Southold Town Planning NOfW 090LIC•STATE OF NEW YORK Board, at the Town Hall, Main Road, Southold,New York on the 14th day of N®: 01-V06105050 August,2006 on the question of the fol- ( N0IIt6e1 In Suffolk County lowing: C' tiffi;168idii kPit08 February 28, 2008 6A0 p.m.Proposed amended site plan for Mullen Motors located at the s/w in- tersection of NYS Road 25 and Cottage Place in Southold, Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Numbers 1000- 63-3-22.5,11&24.1. 6:05 p.m. Proposed site plan for Montauk Bus Service located approxi- mately 417's/o Corporate Drive on the w/s/0 Commerce Drive known as 115 Commerce Drive in Cutchogue,Town of Southold, County of Suffolk, State Of New York. Suffolk County Tax Map j Number 1000-96.-1-1.2. 610 p.m.Proposed site plan for M&R Developing located approximately 218' s/o Corporate Drive on the w/s/o Com- merce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.8. 6:15 p.m. Proposed standard subdivi- sion for Barry Savits located on the e/s/o Sound View Avenue,approximately 932' No Mill Road in Peconic,town of South- old, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-68.4-16.1, 6:20 p.m.Proposed standard subdivi- sion for Carol Sullivan located on the s/s/o Sound Avenue,approximately 799' w/o Factory Avenue in Mattituck,Town Of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-122.-2-24.1. Dated: 7/27/06 BY ORDER OFTHP cntrrunr n OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net August 10, 2006 Re: Savits—Subdivision SCTM 1000-68-4-16.1 Dear Anthony: Enclosed please find the Affidavit of Posting along with the Certified Mail Receipts and green cards in re the above matter. Very truly ours, G L E OLSEN GFO:Imk Enclosures Southold Town Planning Board Attn: Anthony Trezza, Senior Planner P. O. Box 1179 Pin Southold,NY 11971 I� w AUG 1 ? 2006 -r AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as East side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on August 14, 2006 I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property. which is across on Sound View Avenue Peconic Tax Map No. 100c0--- 8-4-16.1 Gary Flanner 0 en, sq. Your Name (p nt) Signat 32495 Main Road, Cutchogue, NY 11935 Address August 10, 2006 Date at 36rz:i9G� i/ ota Public Tp LORRAINE%OPFER Notary Public.State of New York No.4828373 OUellfed in Suffolk County Commission Expires Now.30.�040/9 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 8/11/06 Re: Proposed Standard Subdivision of Barry Savits SCTM#: 1000-68-4-16.1 Date of Hearing: Monday, August 14. 2006. 6:15 p.m. i SECTIONSENDER: COMPLETE THIS ° COMPLETE THIS SECTION ON U.S._' m MAIL,, RECEIPT ■ Complete items 1,2,and 3.Mao complete signature /� o item 4'rf r name an Delivery is desired. J.'t „D�erd o (Domestic Mail Only;No Insurance Coverage Provided) ■ Print your name and address on the reverse /� Addressee i so that we can return the card t0 you. B. Received by(Panted . Date of Dellveryp'� e ■ Attach this card to the back of the mailpiece, /+s _ , 'RI k1! !: f '? .! A L Q � E CLO `J or on the front if apace permits. m h $ r%,'9 UNIT ID: ')93 i D. Is delhwy add Ifferent7�01 1 0 vee r. � Foeteps - - 1. Article Addressed to: If YES,enter add ❑No V I m Certlaetl Fes a C3 "90 tinark SUMLK COUNTY o h Return B $5 Po 330 CENTER DR. � o tte9bkYedDeiveryF•e Cl—}::; p;.rcPF+H RIVERHEAD, NY 11901 M1 tE op 8B"e"'ReQo1re0i 3. �SernAce TYPs C3 Total Poeroge 8 Fees $ G•"� nt.h1u(p( i,, pr Cerllfled M it ff E1�rees Melt 13 Registered 13 Return Receipt for Merchandise C3 Sent o Ju134..,5gpemVak{._____._______-_-__._________--..-_._. 13 Insured Mall 13 C.O.D. ry ?flroer,�. '. 4. Restdoted Delivery Pft Pea) 0Y or Po Ba.No.P. 0. Box 120 ...__......________._....._______ ------------------------------------__________ Iq:SreM 71PM z. (lsns��servicelabe 7004 0750 0003 3400 0397 Peconic NY 11958 PS Form 3811,February 2004 Domestic Return Receipt 102505-02-WIMO COMPLETESENDLP U.S. Postal Service,o I HIS SECTION • ON DELIVERY r. MAIL. ■ Complete trema 1,2,and 3.Also complete qV11d v • tram 4'd Restricted Delivery is desired,m ■ Print your name and address on the reverse 13 Aunt C3 ®® ��,a, e A (, MM so that we can return the card to you. 13 Addresses C3 r%C3 F' ' 11`? ' •' A L U S• E ■ or onAttaeh this card the front If space permitsthe back of t�mailpiece, ) C Date very m �1 Posing, a ^.39 UNIT ID: 0935 1. Mole Addressed to: D. b deXvery add ass dilrerent f pn sem 1? 0 Yee (n M If YES,enter delivery ed Less below: ❑No C3 t CePoMedFM ` v� 3ulia Sepenopki,.. - oI'1 Rearm Redeut Fee 1..55 p F.ostrinark O. Boz 120 (Endorwmmv Reavirea) $econic, NY 11958 r y C3ResMdadDeNeryFee Cierf::; KCftF,RH U to (Enoor...R•w ed) M1 rilce Type Total Postage a Fees $C36.66 Qd/)���� 3 Certified Mag 0 Express Mag C3 swd a ❑Registered 01 Ration Reeelpt for Merchandise ❑Insured Mail 0 C.O.D. M Suffolk County--...-------•---_....-----••-----....-----•----_. r` '-330 Center Dr. 4. Restrbted De1NsrY4(Fxaa Fee) ❑yw a-- Bax Na _____ _________________.._._____.._..____...__._._.. 2. Article Number a%-Sao,ffW.--.... 7004 0750 0003 3400 0403 Riverhead NY 11901 (iiarrs/er/rem service PS Foun 3800, r PS Form 3811,February 2004 Domestic Return Receipt 102595-m-M.1540; a • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO(/Ty�lo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS * Town Hall Annex MARTIN H.SIDOR C 54375 State Route 25 GEORGE D.SOLOMON �p (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND � w� Southold, NY IY11 (� Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of August, 2006 on the question of the following: 6:00 p.m. Proposed amended site plan for Mullen Motors located at the s/w intersection of NYS Road 25 and Cottage Place in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-63-3-22.5, 11 & 24.1. 6:05 p.m. Proposed site plan for Montauk Bus Service located approximately 417' s/o Corporate Drive on the w/s/o Commerce Drive known as 115 Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96.-1-1.2. 6:10 p.m. Proposed site plan for M&R Developing located approximately 218' s/o Corporate Drive on the w/s/o Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.8. 6:15 p.m. Proposed standard subdivision for Barry Savits located on the a/s/o Sound View Avenue, approximately 932' n/o Mill Road in Peconic, town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-68.-4-16.1. 6:20 p.m. Proposed standard subdivision for Carol Sullivan located on the s/s/o Sound Avenue, approximately 799' w/o Factory Avenue in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-122.-2-24.1. Dated: 7/27/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the first day of August, 2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. 08/14/06 Special Meeting: 6:00 p.m. Public Hearing for the proposed amended site plan for Mullen Motors — SCTM#1000's 63-3-22.5, 11 & 24.1 6:05 p.m. Public Hearing for the proposed site plan for Montauk Bus Service — SCTM#1000-96-1-1.2 6:10 p.m. Public Hearing for the proposed site plan for M&R Developing — SCTM#1000-96-1-1.8 6:15 p.m. Public Hearing for the proposed subdivision for Barry Savits — SCTM#1000- 68-4-16.1 6:20 p.m. Public Hearing for the proposed subdivision for Carol Sullivan — SCTM#1000- 122-2-24.1 LI Rando h Secretary, Southold Town Planning Board Sworn to before me this IS day of Av6As1' 2006. MELANIE DOROSIO Nota blit NOTARY PUBLIC,State of Now York No.01D04634870 Qualified In Suffolk County Commission Expires September ,6 • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE ��OF SO(/jho Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR C 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OIyCOUN11, Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of August, 2006 on the question of the following: 6:00 p.m. Proposed amended site plan for Mullen Motors located at the s/w intersection of NYS Road 25 and Cottage Place in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-63-3-22.5, 11 & 24.1. 6:05 p.m. Proposed site plan for Montauk Bus Service located approximately 417' s/o Corporate Drive on the w/s/o Commerce Drive known as 115 Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96.-1-1.2. 6:10 p.m. Proposed site plan for M&R Developing located approximately 218' s/o Corporate Drive on the w/s/o Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.8. 6:15 p.m. Proposed standard subdivision for Barry Savits located on the a/s/o Sound View Avenue, approximately 932' n/o Mill Road in Peconic, town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-68.-4-16.1. 6:20 p.m. Proposed standard subdivision for Carol Sullivan located on the s/s/o Sound Avenue, approximately 799' w/o Factory Avenue in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-122.-2-24.1. Dated: 7/27/06 Page 1 of 1 Randolph, Linda From: JOAN ANN Uaweber@timesreview.com] Sent: Tuesday, August 01, 2006 10:01 AM To: Randolph, Linda Subject: Re: Legal ad for 8/3 edition Linda Received and processed your legal Joan Ann -----Original Message ----- From: Randolph. Linda To: jaweber timesreview.com Sent: Tuesday, August 01, 2006 8:36 AM Subject: Legal ad for 8/3 edition Please publish the attached legal notice of the August 14 Planning Board Public Hearing, and send confirmation of receipt. Thank you, Linda Randolph 8/l/2006 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE so Southold, NY 11971 Chair ti Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR CA 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDComm,��' Southold, NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Gary F. Olsen, Esq. 631-734-7712 (fax) From: Anthony Trezza, Sr. Planner Date: August 11, 2006 Re: Standard Subdivision of Barry Savits 1000-68-4-16.1 As per your letter dated August 8, 2006, 1 have reviewed the revised Declaration of Covenants and Restriction and find that all of the changes have been made as required. You may file the C & R's with the office of the County Clerk and submit a copy of the recorded document to this office. If you have any questions or need additional information, please feel free to contact this office. OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net August 8, 2006 Re: Savits—Subdivision SCTM 1000-68-4-16.1 Dear Anthony: Enclosed please find the revised covenants and restrictions as per your request. Please fax a letter to my office approving the covenants so that I can have the covenants signed by my client. Thank you. Very truly yours, GAYA3 ER OLSE �/� GFO:Imk Enclosure Southold Town Planning Board Attn: Anthony Trezza, Senior Planner P. O. Box 1179 Southold,NY 11971 .J DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 2006 by BARRY SAVITS, residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated April 24, 2006; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributes, successors and assigns,to wit: 1) The clearing of each lot pursuant to Section A 106-560 of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1, 2 and 3 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section A 106-49 (c) of the Town Code to be recorded simultaneously herewith. 11) All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 12)No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 13) The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 14) Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 15) Driveways serving Lots 1 and 2 shall be constructed of a pervious material. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified, terminated,revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF ) On this day of in the year 2006 before me,the undersigned, personally appeared BARRY SAVITS,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public MAILING ADDRESS: PLANNING BOARD MEMBERS • P.O. Box 1179 JERILYN B.WOODHOUSE so Southold,NY 11971 Chair V� OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR u> >c 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND oly�#IINTY,�..A Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE July 25, 2006 TOWN OF SOUTHOLD Gary F. Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935-0706 Re: Proposed Standard Subdivision of Barry Savits The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SCTM#1000-68-4-16.1 Zoning District: R-80 Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, July 24, 2006, adopted the following resolution: WHEREAS this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS on April 10, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised November 3, 2005; and WHEREAS on April 27, 2006, the applicant submitted the preliminary map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised April 24, 2006; and WHEREAS on June 14, 2006, the applicant submitted a draft copy of the Declaration of Covenants and Restrictions, which was reviewed by the Planning Board at their work session on June 26, 2006; and WHEREAS on July 13, 2006, the applicant submitted a revised draft copy of the Declaration of Covenants and Restrictions with the changes as required by the Planning Board; and WHEREAS on July 18, 2006, the applicant submitted an Application for Preliminary Plat Approval; be it therefore r Savits Subdivision July 25, 2006 Page Two RESOLVED, that the Southold Town Planning Board set Monday August 14, 2006 at 6:15 p.m. for a preliminary public hearing on the maps prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised April 24, 2006. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, August 11th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, ?Jerilyn B. Woodhouse Chairperson encs. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-68-4-16.1; 3. That the property which is the subject of this application is located in the R-80 Zone; 4. That this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 14, 2006 at 6:15 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Barry Savits Date: 7/26/06 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 8/11/06 Re: Proposed Standard Subdivision of Barry Savits SCTM#: 1000-68-4-16.1 Date of Hearing: Monday, August 14, 2006, 6:15 D.m. BARRY SAVITS BARRY SAVITS STANDARD SUBDIVISION • 1000 -68 =4 - 16 . 1 Proposal to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1 .23 acres, Lot 2 equals 1 .034 acres and Lot 3 equals 10. 19 acres. MONDAY, AUGUST 14, 2006 - 6 : 15 P . M . • 7W23 9 5-z5 v 12-50-9 4 25-0 SEE SEC.M.056 5-26-0 vPP W}CN LINE xlee 000 6-02-00 1-25-01 i 30-0 o3 n-0 o2-u-0 By-i6-0 17.3 5-250 \\\\ \\ 25JAM 5�1Q A MAW43 \ ^O cJ eF F9� \ Q \ \O J�kl w,.\ J$ (� \^) NOTE. I O f J E 1 O \\ L JSf YS UBOrv150N LOT MMSERS PRE EO O (] 1 ' R g �0 \\4�rcr J�r�/ v 0 rJ1 AM FOLLOEEO BY A 065N MCFTE IXJ l'll JJ \\\ /� MAP OF NORTH NECK FILE M.357 . J. \\ _'. \' 184 ;J10 OI >e j \\ � 0M 1r JD 1l^ V C.5 -� n . spm. ... \\Pf i 'r4• _ S k.F 93 4. 4 12.6A1c1 ..�_..._..-,._..--.F--y^••^'^��T"�':IXNTv OF SLFFOLA '414 A der cama.P.a.� t p 21 JJ ,y 'aD4rr 4 7p f CJ y FOR PLL.M. J O i J2 JSJ SEE SEC.M. SEE SE 01.3 .M. ?� GOLDSMITH'S INLET V� IPECONIC INIETI rxxan.JCN..«n. 20 22.0un $ Gyi TRUSTEES OF THE rO.N OF SWTM.D J, 19 $LFFCIN G \ NEi 3 W C g 6` / 20 ,d 21 16 A. i.cA(C1 4s40 4o.oua G 63 S fid -.✓� \= c� Zo G. 2 \ 5 9.0A Fw PC,.ro. [m ett.'w. Q• iiw 1 sFF iEc w. SFE Sjciw. P y 3 t. „ PECMC LAM iNNSi �\ 2 MATCH� LM � MATCH LKKSEE SEC.M.014 �1QP SEE SEC.M.074 M. P0. � �;>P`rs Nonc DU y 5Service FF LK C K UNIX HC •T YWTENMXE.YTMA,YA4 SUE OP Red Elo tyOTax Ser i e Agency r 7 ou N1A26 .'. .- -. . . ,. . XLWB TfM IX.1 PORTM OF THE Canty C9Mx NtraMOd,N Y ll901 ". OATH ose S OLD SECTIONNO _.'— • A sssax caM r 7 ws O E/ 4 x WAP¢flAMFLEO . . $LyE x REr: N on •.tx..n< .. .NxAW,.Miro,PFN165W IX m, ,. ,. A „: mmn ro 1000 - PROPERTY MPP OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • TO. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 olsenlaw@optonline.net Ju` 1 g 2006 July 19, 2006 Re: Standard Subdivision of Barry Savits 1000-68-4-16.1 i Dear Anthony: „Inclosed herewith please find the following: 1. Preliminary Map Application. i 2. Check in the s 00.00 ayable to the Town of Southold. 3. Four copies of p Inary ap prepared by Stanley J. Isaksen, Jr. 4. Copy of revised Covenants per your fax of 7/1 6 which we hand delivered to your office on 7/12/06. Very truly s LA ER OLSEN GFO:Imk Enclosures Anthony Trezza, Sr. Planner Town of Southold Planning Board Office Hand Delivered OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net July 12,2006 Re: Savits Dear Anthony: Enclosed please the revised Covenants per your fax of 7/11/06. I have sent the requested survey changes to Stan Isaksen and will forward the new revised survey to your office when received. Please let this confirm that-you will be sending me a letter removing the requirement of the Phase 1 Archaeological Survey. Very tr y yours, GARY FLANNER OLSEN GFO/m Encl. Anthony Trezza Southold Planning Board Southold,N.Y. 11971 Hand Delivered i 1j �', JUL 13 2006 :w DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 12006 by BARRY SAVITS, residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County,New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated April 24, 2006; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators, legal representatives, distributes, successors and assigns,to wit: 1) The clearing of each lot pursuant to Section A 106-560 of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1 and 2 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section A 106-49 (c) of the Town Code to be recorded simultaneously herewith. 11) All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 12)No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 13) The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 14) Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 15) Driveways serving Lots 1 and 2 shall be constructed of a pervious material. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated,revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changes, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF ) On this day of in the year 2006 before me, the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �p��OF SOpj�olo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR A Q 54375 State Route 25 GEORGE D.SOLOMON .cp (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yCoalRv, � Southold, NY 1711 f� Telephone: 631765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Gary F. Olsen, Esq. 631-734-7712 (fax) From: Anthony Trezza, Sr. Planner Date: July 12, 2006 Re: Standard Subdivision of Barry Savits 1000-68-4-16.1 Please be advised that the Planning Board's will not require a Phase I Archaeological Study for this project because the property is already improved with a single-family residence and accessory structures. In addition, please submit the Application for Preliminary Plat Approval and the additional fee in the amount of $100 so we may set the preliminary hearing for this application for August 14, 2006. Please call this office if you have any questions or need additional information. • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF S0(/jholo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON .� �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND � ..Q Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Gary F. Olsen, Esq. 631-734-7712 (fax) From: Anthony Trezza, Sr. Planner Date: July 11, 2006 Re: Standard Subdivision of Barry Savits 1000-68-4-16.1 As a follow-up to our recent conversation, attached please find the LWRP Report from Mark Terry, which outlines the additional covenants and restrictions that will be required, as follows: 1. All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 2. No action, including clearing of vegetation, is permitted within the 100' buffer adjacent to the freshwater wetlands in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. 3. The application of fertilizers and/or pesticides within 100 feet of subsurface waters or wetlands is prohibited. 4. Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. 5. Driveways serving Lots 1 and 2 shall be constructed of a pervious material. In addition, please see the attached sketch which shows the final map changes that are required, including: 1. Show and label the buffer area adjacent to the wetlands as a "100'-Wide Non-Disturbance/Non-Fertilization Buffer." 2. Remove the clearing restriction information for Lot 3. 3. You do not have to show the 100' setback from the two small ponds or relocate the proposed horse corral/paddock. Please provide this office with one last copy of the revised map and the draft Declaration of Covenants and Restrictions for final review. I will provide you with the Agricultural /Open Space Easement template. If you have any questions or need additional information, please do not hesitate to contact this office. • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE so Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR H 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDColn 0 Southold, NY 11,1 (` Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Planning Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: June 29,2006 Re: Proposed Standard Cluster Subdivision of Barry Savits SCTM# 68.4-16.1 Zoning District R-80 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. This proposal is to subdivide a 12.454 acre parcel into three lots, where Lot I equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 2. Require the following clauses in the Covenant and Restriction: a. No action, including clearing of vegetation,is permitted within the 100 feet buffer adjacent to the freshwater wetland in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. b. The application of fertilizers and/or pesticides within 100 feet of surface waters or wetlands is prohibited. c. Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. d. Driveways serving Lots I and 2 shall be constructed of a pervious material. To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: 3. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is generally consistent with the LWRP provided that the above EL • nO�pT i -- roSNMllox eL ah?cor Przcex ---- 'vex A, ?iT��; d IN PC `. pS TAA - cam_ �� ta. e�vN a�.`�NR eoor vlrc� T. FEOOW "�\\ OF, u m ° L ZONE _ NET E-1 A 1 ?3l N/F SEPFNOSKI NOTE- ELEVATIONS SHOWN ARE FOR II LUSTRATION INLY ° o e e y+ rrrerur ma ERE rrcv sumLisJ nxo/ae"'A"asmvr wfr 0, _ m s)ro-v Tws arew[n wac cesm r�er RE uxor y are[S y.9. .a q � ORE NALL "EER tt"„as'°""",�^°xNORAsr1NAwAs,„SER "'Ell As w SUFFOLK COUNTY DEP, 1`'`:`I` — — •�,�P"�s: ;m�,. `za.'4'X�,•�� �'>: ro�sya',„;�,v„ rdxVC.xLex, NO ITS c O mv INDcas ttnv sraw'Eow%rin RE nEsusAraLovusxrEum' E.—THE ENNJC 'ROWAN uw A. E;E surtaOR x `-- ;” 30 r S EL 20 \ `` aGer'gry0, \,,A" Unj`. 91 p F s u dmcrw.wnsax< 0. PROPOSED Howe 00'0F W I -`-� �✓• \� . / sov m I' 1120 , de CORRAL/PADDOCK 1, «,# y� �� I ,T mon- UIS�idcn�e EA m(j sm V SI '1 TOTAL AREA OF St /✓ Qn' fl/� //' Mwus ..wET1ANDS SIRp. \ sL PO NO `r y \T r O.V; POLAR 2' pyy TON.1 1 ro cnwcE wl 0� � g !uowmrT seLeE� f^'c,L ' � N/F SFPENOSKI (J LOT 2 2 '`, �,/ N iotAL wEruNl SHSTOTAL ryV' EP"I a BUILDING BUT LOT 3 TOTAL AREA LANE LOT AREA o 19 ACRE: iDELNFgTION_ PERCENTAGE OF AREA 04 _ __---_ FRESH WATER WETLANDS BOUNDARY 2 100--f- '' N/F SEPENOSKI 70, Ns� 0 C c< AE VER AE< LVIRR •. g' EVER, vwL axau mNs +. IRS.IL wEn.wos ,w? , . .IRON O, Nw ENTER u' ..ssy uer. x EL WETLANDS A"y 9y IAD siS E5 � \ NO WELLS OR CESSPOOLS WITHINO� N/F SETEI SKI 150' OF THIS SUBDIVISION No 2 r 5 wOwmw IsoOF THIO sOBDIVsJON ERE LOT LATE A ELAwEA A.rrewN cAAE.s E Ea.ws: PFs p _.. WA TER ,m, ` {S 67(r) TYPICAL WELL NOT TO SCALE R SPECIFICATIONS RARE 2 M1Rta'S xNW vSNLLL M,ffON E1 MllS. IW M WAIFMFM SWrtA4! SCR CVS WB w[MRAW AT 1 N sro SS osi'""n uirairvrn iasslmE10 APANA ws'mmwEwmm sN.w�Ess.w 4ALgM SO ROH- WEI i R 1FART si....I.W VMA 6F»IxtxfS q WYp[ TERIINEs ro"M x CYRtA ae M.W WW- . ASNIE S..ErBAR e.w sw.a'S As Are nrtn nr LJ, AroRW- vlx..ire wx. carer xrm u-xER rwu ERE row"vwwrm edaRA wrm A=RA AL i zwc a.+ • .wrsr Aeu wr] n wuwEE'm ACHERS..5L Lar As-PARTY ,EE.•Lx. Row wee�rE�:A wlaw.rovrrw.wo.w°Yy'"eas,`Ri ow z_ uLE ALTN SAVE.,. PLANNING BOARD MEMBER MAILING ADDRESS:• P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO(/j�olo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON �, ,O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��yCOUrm,��'' Southold, NY 1111 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 2006 Gary Flanner Olsen, Esq. 32495 Main Road PO Box 706 Cutchogue, NY 11935 Re: Standard Subdivision of Barry Savits The property is located on the a/s/o Sound View Avenue, approximately 932' n/o Mill Road in Peconic. SCTM#1000-68-4-16.1 Zoning Districts: AC Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, July 10, 2006, adopted the following resolution: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on April 10, 2006 the Southold Town Planning Board granted conditional sketch approval upon map prepared by Stanley J. Isaksen, Jr. dated August 12, 1999 and last revised on November 3, 2005; and WHEREAS, the Southold Town Planning Board initiated the SEQRA Coordination for this application on April 11, 2006; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. If you have any questions regarding the above, please contact this office. Very truly yours, Jeril�oodhouse Chairperson PLANNING BOARD MEMBE • MAILING ADDRESS: P.O. Box 1179 JERILYN B.WOODHOUSE ��OfSOpjyo Southold, NY 11971 Chair h0 1p OFFICE LOCATION: KENNETH L.EDWARDS 4 4 Town Hall Annex MARTIN H. SIDOR Q 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COum Southold, NY Mum 11 Telephone: 631 765.1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 10, 2006 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Standard Subdivision — Property of Barry Savits SCTM#: 1000-68-4-16.1 Location: The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: Savits Neg Dec • Page Two ey 10, 2006 No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This proposal increases density by two residential lots and includes the perpetual preservation of over 60% of the buildable land. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. This project will also require approvals from the Suffolk County Department of Health Services and the New York State Department of Environmental Conservation, The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The subject property is located within a 2-acre zoning district. The proposed subdivision will result in fewer lots than what is permitted at full density development. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. To the contrary, this project will maximize the space potential of the parcel by permanently preserving over 60% of the buildable land. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Elizabeth Neville, Town Clerk Applicant Board of Trustees Suffolk County Planning Commission Suffolk County Department of Health Services NYSDEC - Stony Brook, Sheri Aicher Suffolk County Water Authority MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �V S0(/j�olo Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �O (car. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yCourm,�� Southold, NY 1111 (� Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Planning Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: June 29,2006 Re: Proposed Standard Cluster Subdivision of Barry Savits SCTM# 68.4-16.1 Zoning District R-80 The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. This proposal is to subdivide a 12.454 acre parcel into three lots,where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres,inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. 2. Require the following clauses in the Covenant and Restriction: a. No action,including clearing of vegetation,is permitted within the 100 feet buffer adjacent to the freshwater wetland in the south of the property without the issuance of a permit from the Southold Town Board of Trustees. b. The application of fertilizers and/or pesticides within 100 feet of surface waters or wetlands is prohibited. c. Pursuant to Suffolk County Water Authority policy, any new structure requiring water service shall install low flow faucets and toilets. d. Driveways serving Lots 1 and 2 shall be constructed of a pervious material. To further Policy 8,it is also recommended that following solid waste management initiatives be encouraged: 3. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is generally consistent with the LWRP provided that the above recommendation 1 through 2 are required in the subdivision approvals. It is recommended that the applicant is advised of recommendations 3. Cc: File Anthony Trezza, Senior Planner OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net June 28, 2006 Re: Savits—Minor Subdivision SCTM 1000-68-4-16.1 Dear Anthony: Please be advised that I have made the revisions to the covenant ' jam your request. Please fax a letter to my office approving the cov& t e�lv U E the covenants signed by my client. �� D Thank you for your consideration. JUN 2 9 2006 Very truly yours, southoW inwn P!ar,niw Eear;l A:,.. t'maaarv+vmwF:aw.u�sARCNVA mw; ,,. AVID WORTHING N O DWO:Imk Enclosure Southold Town Planning Board Attn: Anthony Trezza, Senior Planner P. O. Box 1179 Southold,NY 11971 DECLARATION OF COVENANTS& RESTICTIONS THIS DECLARATION is made this day of 2006 by BARRY SAVITS,residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County,New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated April 24, 2006; and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators, legal representatives, distributes, successors and assigns, to wit: 1) The clearing of each lot pursuant to Section A 106-560 of the Town Code shall be as follows: a. Lot 1 —26,786 square feet b. Lot 2—22,531 square feet c. Lot 3 —No clearing shall be permitted on Lot 3, with the exception of the area within the building envelope, oras permitted in the Agricultural/Open Space Easement for the area outside of the Building envelope. 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1 and 2 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within. said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section A 106-49 ©of the Town Code to be recorded simultaneously herewith. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified,terminated,revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF ) On this day of in the year 2006 before me,the undersigned, personally appeared BARRY SAVITS,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �Of SU[/lyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��COW,� Southold, NY 1711 �` Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Gary F. Olsen, Esq. 631-734-7712 (fax) From: Anthony Trezza, Sr. Planner Date: June 28, 2006 Re: Standard Subdivision of Barry Savits 1000-68-4-16.1 The Planning Board reviewed the draft Covenants and Restrictions and the revised subdivision map at their work session on June 26, 2006. The Covenants and Restrictions are acceptable, subject to the following revisions: 1. Pursuant to Section A106-56(C) of the Town Code, the permissible clearing for each lot shall be as follows: a. 26, 786 square feet for Lot 1. b. 22,531 square feet for Lot 2. 2. No clearing shall be permitted on Lot 3, with the exception of the area within the building envelope, or as permitted in the Agricultural/Open Space Easement for the area outside of the building envelope. In addition to the aforementioned revisions to the Covenants and Restrictions, the following final map revisions are required: 1. Show the 100' wetlands setback from the two small ponds within the propose horse corral. 2. Relocate the horse corral so that it meets the 100' setback from all wetlands. 3. The map shows the clearing restrictions for each lot. Remove the information pertaining to lot 3. If you have any questions or need additional information, please do not hesitate to contact this office. OLSEN & OLSEN, L.L.P. R ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@optonline.net cry"T •*"."". ,..--,. June 14, 2006 �16 Re: Savits—Minor Subdivi on SCTM 1000-68-4-16.1 Dear Anthony ✓' Pursuant to our meeting this morning, I am enclosing herewith a draft tc`6py of theµ Covenants and Restrictions for your review. I understand that you will be preparing a guide for the Agricultural Easement and faxing same to my office. I also understand that you will be submitting this file to the Planning Board at its next work cession and will be checking with the state DEC to eliminate the requirement of the Phase 1 Archaeological Survey. Please note that I have left paragraph 1 blank for now and I would appreciate your advising the language you wish inserted in the Covenants concerning the clearance requirements of each lot. If there are any revisions to the proposed Covenants and Rest ' do ,please advise. Very truly s, G R ER OLSEN GFO:Imk Enclosure Southold Town Planning Board Attn: Anthony Trezza, Senior Planner P. O. Box 1179 Southold,NY 11971 a11 DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 2006 by BARRY SAVITS, residing at 43 Fifth Avenue,New York,New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated April 24, 2006; and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots I and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators, legal representatives, distributes, successors and assigns, to wit: 1) The clearing of each lot pursuant to Section A 101-56 of the Town Code shall be as follows: a. Lot 1 b. Lot 2 c. Lot 3 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1 and 2 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section A 106-49 C of the Town Code to be recorded simultaneously herewith. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified, terminated,revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this day of June in the year 2006 before me,the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 • olsenlaw@optonline.net May 8, 2006 Re: Savits-Minor Subdivision Dear Mr. Trezza: I am enclosing herewith a letter of non-jurisdiction from the Board of Town Trustees dated May 4, 2006. Very truly yours, u ANNER Oi. %I GFO:Imk Enclosure Southold Town Hall Annex iI n rE Attn: Anthony Trezza J 11 54375 State Route 25 MAY - 0 2006 1 P. O. Box 1179 L, Southold, NY U,971 __....J DECLARATION OF COVENANTS & RESTICTIONS THIS DECLARATION is made this day of 12006 by BARRY SAVITS, residing at 43 Fifth Avenue,New York, New York 10003-4368, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property located on the south side of Sound View Avenue, Peconic, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule A attached hereto, hereinafter referred to as the property and shown on the subdivision map of "Standard Subdivision for Property of Barry Savits prepared by Stanley J. Isaksen, land surveyor, last dated April 24, 2006; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributes, successors and assigns, to wit: 1) The clearing of each lot pursuant to Section A 10 1-5 6 of the Town Code shall be as follows: a. Lot 1 b. Lot 2 c. Lot 3 2) There shall be no further subdividing any of the lots on the approved subdivision map in perpetuity. 3) There shall be no changes to the lot lines without Planning Board approval. 4) Lots 1 and 2 are subject to a no-disturbance buffer 50 feet wide as shown on the approved map. No clearing or grading within said 50 foot buffer shall be permitted with the exception of the driveways as shown on the approved map. 5) Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. 6) Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. 7) No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. 8) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Envirorumental Conservation under Phase II State Pollutant Discharge Elimination System. 10) Simultaneously herewith the DECLARANT is executing an Agricultural Easement for the open space area pursuant to Section A 106-49 © of the Town Code to be recorded simultaneously herewith. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all person or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changes, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. Barry Savits STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this day of June in the year 2006 before me, the undersigned, personally appeared BARRY SAVITS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 0 6 James F. King, President ��0� soyo Town Hall Jill M. Doherty,Vice-Presidentl� 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G John Holzapfel �� Telephone(631) 765-1892 Iycoum Fax(631)765-6641 BOARD OF TOWN TRUSTEES May 4, 2006 TOWN OF SOUTHOLD Gary Flanner Olsen Olsen and Olsen, LLP P.O. Box 706 Cutchogue, NY 11935 RE: BARRY SAVITS — MINOR SUBDIVISION SCTM# 1000-68-4-16.1 Dear Mr. Olsen, The Southold Town Board of Trustees reviewed the survey certified to Stanley J. Isaksen, Jr. Licensed Land Surveyor and last dated April 24, 2006 and determined the proposed minor subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 Coastal Erosion Hazard Areas in the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands, Tidal Wetlands jurisdiction, and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the freshwater wetland boundary, tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. Sincerely, )x James F. King, President Board of Trustees JFK: hkc X13 AT James F. King, President ��pf SO!/Tyo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson * ) P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen AQ JohnHolzapfel '�� � Telephone 6765-66415 - 892 OR% Fax(63 16) BOARD OF TOWN TRUSTEES May 4, 2006 TOWN OF SOUTHOLD .... Gary Flanner Olsen Olsen and Olsen, LLP D M P.O. Box 706 III Cutchogue, NY 11935 RE: BARRY SAVITS — MINOR SUBDIVISION f MAY - 2006 SCTM# 1000-68-4-16.1 -- -_� Pram;.,.:Ga_!tl Dear Mr. Olsen, The Southold Town Board of Trustees reviewed the survey certified to Stanley J Isaksen, Jr. Licensed Land Surveyor and last dated April 24, 2006 and determined the proposed minor subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 Coastal Erosion Hazard Areas in the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Freshwater Wetlands, Tidal Wetlands jurisdiction, and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the freshwater wetland boundary, tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. Sincerely, CZ-'7"' James F. King, President Board of Trustees JFK: hkc OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706_., PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@optQl "me :. April 27, 2006 Re: Savits—Minor Sub4Vision,-.-I, a Dear Mr. Trezza: I am enclosing herewith six copies of the survey with the changes required by the Planning Board. I have applied for a Non-Jurisdiction letter from the Southold Town Trustees and will be applying for a Permit/Non-Jurisdiction letter from the DEC. Very truly yours, ARY LAP E OLS � dJ�� GFO:lmk / Enclosures Southold Town Hall Annex Attn: Anthony Trezza 54375 State Route 25 P. O. Box 1179 Southold, NY 11971 hT New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0403 FAX: (631)444-0360 Denise M.Sheehan Commissioner LEAD AGENCY COORDINATION RESPONSE April 21, 2006 - -AV Anthony P. Trezza Town of Southold Planning Board (� P.O. Box 1179 Southold, NY 11971 ® APP 2 5 2006 Re: LEAD AGENCY COORDINATION REQUEST Standard Subdivision of Barry Savits oa 11 e/o Sound View Ave., 932' n/o Mill Road P annIV, Peconic, NY 11958 j F ' SCTM# 1000-68-04-16.1 _ Dear Mr. Trezza: This letter is in response to your Lead Agency Coordination Request of April 11, 2006 regarding lead agency coordination for the above project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. The southern portion of this site appears to contain NYSDEC regulated freshwater wetland #SO-26. Please advise the applicant that the undertaking of any regulated activity within 100' of this freshwater wetland will require a Freshwater Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerel JL� Sherri Aicher Environmental Analyst MAILING ADDRESS: PLANNING BOARD MEMBERS • P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO�Tyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR n Q 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDOlyco 1' Southold, NY n 1' Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2006 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed is a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Standard Subdivision of Barry Savits The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SCTM# 1000-68-4-16.1 Requested Action: This proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 x 5021 Savits Subdivision Lead Agency Coordination Request April 11, 2006 Page Two The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: ( X) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other(see comments below) Comments: None Please feel free to contact this office for further information. Very truly yours, Jerilyn Chairperson cc: *Board of Trustees Suffolk County Planning Commission Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review Enc. r MAILING ADDRESS: PLANNING BOARD MEMBE , P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO//%lo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON ,O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��ycouto �..A Southold, NY Ir 1, Telephone: 631 766-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2006 Gary Flanner Olsen Esq. 32495 Main Road PO Box 706 Cutchogue, NY 11935 Re: Standard Subdivision of Barry Savits The property is located on the a/s/o Sound View Avenue, approximately 932' n/o Mill Road in Peconic. SCTM#1000-68-4-16.1 Zoning Districts: AC Dear Mr. Olsen: The Southold Town Planning Board, at a meeting held on Monday, April 10, 2006, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on February 14, 2005, the previously submitted application was reclassified as a Standard Subdivision and was required to be resubmitted in conformance with Chapter A106: Subdivision of Land of the Code of the Town of Southold; and WHEREAS, an application for sketch approval was re-submitted to the Planning Board on March 9, 2006; WHEREAS, the applicant submitted a sketch plan prepared by Stanley J. Isaksen, Jr. dated August 12, 1999 and last revised on November 3, 2005; and WHEREAS, the applicant has requested that the Planning board Credit the $2,900 in previously paid fees towards this application; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action; and be it further RESOLVED, that the Southold Town Planning Board hereby credits the $2,900 in previously paid application fees towards the new application; and be it further • i Savits Subdivision Page Two April 11, 2006 RESOLVED, that the Southold Town Planning Board accepts the proposed yield of three lots based on the size of the parcel and the area of unbuildable lands; and be it further RESOLVED, that the Southold Town Planning Board finds that this proposal is not subject to the affordable housing requirements pursuant to §A106-11 (B)(c) of the Southold Town Code; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon map prepared by Stanley J. Isaksen, Jr. dated August 12, 1999 and last revised on November 3, 2005, subject to the following conditions: 1. Submission of the completed Application for Preliminary Plat Approval along with an additional application fee of$100. The preliminary map shall contain the following revisions: a. The title of the map shall read "Standard Subdivision for the Property of Barry Savits." b. Provide the clearing amounts for each of the lots pursuant to Section A106-56(C) of the Southold Town Code. c. The building envelope on Lot 3 must be a dashed line. In addition, remove the term "building buffer line" from the map. d. Show the 100' wetland setback lines. e. Provide the FEMA Flood Zone data. f. Show building envelopes on Lots 1 and 2. Use the nonconforming setbacks pursuant to Section 100-244(8) of the Southold Town Code. g. The proposed horse corral should be relocated to be at least 100' from all wetlands. 2. Submission of a Phase 1 Archaeological Survey. 3. Submission of a NYSDEC Freshwater Wetlands Permit and permit or letter of non-jurisdiction from the Town Trustees. 4. Submission of a draft Agricultural Easement for the open space area pursuant to §A106-49(c) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 5. LWRP Coastal Consistency Review by the Town of Southold. 6. Submission of draft Covenants and Restrictions containing the following clauses: a. Indicate the amount of clearing for each of the lots pursuant to §A106-56 of the Town Code. b. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. c. No changes to any of the lot lines without Planning Board approval. Savits Subdivision Page Three April 11, 2006 d. Lots 1, 2 and 3 are subject to a 50'-wide non-disturbance buffer as shown on the approved map. No clearing or grading within said 50' buffer shall be permitted with the exception of the driveways as shown on the approved map. e. All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. f. Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. g. Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. h. No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. i. By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. j. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 7. Submission of the park and playground fee in the amount of$14,000 ($7,000 per new lot created). This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. The applicant is advised that additional covenants and restrictions or design changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, the Town Engineer and the Suffolk County Planning Commission. If you have any questions regarding the above, please contact this office. Very truly yours Jerily�odhouse Chairperson k, �. , �" . �'� . ., + ' ,���, ,�.; `r , �'` : Town of Southold Planning Department Staff Report Subdivisions I. Application Information Prosect Title: Standard Subdivision of Barry Savits Map Prepared BY: Stanley J. Isaksen, Jr. Date of Map: Auaust 12 1999• last revised on November 3, 2005 Date of Submission: 3/9/06 Applicant: Barry Savits Tax Map Number: 1000-68-4-16.1 Project Location: See attached tax map and aerial photograph Hamlet: Peconic Zonina District: R-80 II. Description of Project Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreaae of Project Site: 12.454 acres Yield Map or Calculation: yield map not submitted Number of Lots Proposed: 3 Acres of Open Space/Reserved Area: 7.854 acres Percentage of Open Space/Reserved Area (see attached calculation): 72% Type of Access Provided: Access will be achieved by private driveways off Sound View Avenue Length of Access: NA III. Site Analysis SEQR Tvpe of Action: Unlisted Present Land Use: Residential Existing Structures: single-family residence and accessory structures Existina Permits, Approvals, CO's, etc: none Was Property Previously Subdivided: No If Yes, Date of Approval: NA Existina Easements or Restrictions: None Soil Type: see ERSAP Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: no f J' • • Predominant Vegetation: early successional vegetation; areas of freshwater wetlands indicator species Significant Trees on Site: none have been identified Percentage of Slopes: 0-10% (some areas of steeper slopes) Name of Abutting Water Body: NA Critical Environmental Area: no Type of Wetlands on or Adjacent to Site: freshwater Are There Trails on Site: No Name of Trail: n/a Depth to Water Table: 9.1 feet Distance to Public Water: no public water available at this time Source of Water Supply: private wells Number of Access Points: two private driveways from Wells Road Historical or Archaeological Significance: proiect may require a Phase I Archaeological Survey IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Town Trustees, the NYSDEC, the Suffolk County Department of Health Services, the Town Engineer, and the Suffolk County Planning Commission. V: Project Analysis This proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. VI: Staff Recommendations 1. Initiate the SEQRA coordination and grant conditional sketch approval on April 10, 2006. 2. Request that the Trustees verify the wetlands line as depicted on the sketch plan. 3. Refer the map to the Fire Department. Planning Board Notes and Recommendations OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW 32495 MAIN ROAD • P.O. BOX 706 • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net March 8, 2006 Re: Savits Dear Mr. Trezza: Enclosed herewith please find the following: 1. Application for sketch approval for Minor Cluster Subdivision. 2. Six copies of map. (I request that a credit of$2900.00 which was been paid to date be given in connection with this application and the authorization letter is currently in the existing file). 3. The Disclosure is already in the existing file signed by the owner. In consideration of the history of this file I hereby request that the ERSAP be waived. This is an open space agricultural subdivision with non-common private ownership. If there is anything further you need, please advise. Very truly rs, F ON GFO:Imk Enclosures Y Southold Town Hall Annex ' �q — Attn: Anthony Trezza = D Q 1f� �C'� 54375 State Route 25 1 P. O. sox 1179 r Southold,NY 11971 Hand Delivered -- ;; • LASER FICHE FORM • SUBDIVISIONS ERecords �,iurn �Or8 anagement Project Type: Standard Status: Final Approval SCTM # : 1000 - 68.4-16.1 Project Name: Savits, Barry 2006 Location: The property is located on the a/s/o Sound View Avenue. approximately 932 ft. n/o Mill Road, in Peconic. Hamlet: Peconic Applicant Name: Barry Savits Owner Name: Barry Savits Zone 1 : R-80 Approval Date: 2/11/2008 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement: Address: County Filing Date: SCAN Date: TEST NAE NY C0N�" STANDARD SUBDIVISION FOR THE W, UNAM COPRODUCE - DU JAUm. Nr Ox " JAN°ARr 2°)2 FIRS' FLOOR ApPRdVED PRELIM. PLAT IOUP AL NETTED a 3e0 PROPERTY OF BARRY SAVITS BflOWN LOAMY SAND sM POND 1'MAX SITUATE �tio BD FINT.E. °�)E ROVER iMEF PECONIC, TOWN OF SOUTHOLD OUNB nON W L ,A",FGDTPRG" 'SUFFOLK COUNTY, N.Y. PALE BROWN FINE ro �� ` Q : INV. B" MIN. EL ]]2 El- 330 CESSPOOL cOMNE MND sw 1`\`` \p, a ]{D wv T O� �`! `N\\ \ \��A EL d3] IMINUMUM FOOT PITCI 121' MIN. 9 r CRGUNBwATEF �h. FL00�' \ `\` �" 1.00 tnuDN sFlmc TANK - SURVEYED FOR: BARRY SAVITS UBTEST GPEci1O EPSONDwnIEn 77^•U ZONE EXECUTED AT EL I$ 1. FAC.1 �\ `�. 2 ��� ZONED R-80 GUARANTEED TO: NAME w PALE BROWN Booz cL p" \ \`�' 3> NOTE ELEVATIONS SHOWN ARE FOR ILLUSTRATION ONLY. E TO CORSE SAJD SW '� x `IT `I _ N/F SEPENOSKI BARRY SAVITS \t i` ti� T FOR SCDHS USE ONLY `�Bi ` a ' 1 1'1 4 EEBY CEPIIFY MAL THE WAGER SMATY(5f ANO/CF SEWAGE DISPOSAL " L'. S S�]EM(5f FOR TAX AGARC F WERE°ESKNE°BY ME UNOEF MY dRECnON " 16 I) I \ ii' ✓ j 1'1 \ `� PARES UPON A El.ANO THOROUGH SNDI OF mE.. ORE AN°GROUND - �/ WATER L°NOIMONCR ALL LOTS AS PROPOSES, CONFORM M WE SURBLR CANNES NJ 0�/0 4.' ``\\\ \` 2j• DEP GAE DF H Lm sERWc£s coN R nuN srnNP Row cr As AF SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES a`` LOT 1` 1 R°' I� l�ao `' `, \ `\• 1 JpSFpH"AYETM. RE HARPAl1G£, Nr �( 1 OPS H6gVFi Rao I 'rs Fty z i sm% ; %l,\pC�' / �`NE. WIH010. NY 119]1 rrff,, J )/` va'n¢ FITS 6]I-]fi}395 z-O- EC-LISi ] I 30 ' ,I NEVIS IS i0 CERTIFYINAi RIE PROPOSED REALTYSUBOMSION OR DEVELOPMENT FOO m c'( IN RIE WITH A TOTAL OF THREE LOIS AM RNM ? / APPR°KA AN TWO MOVE Butt. WATER SUPPLIES AND SOMME dsPOSLL EAGCJnm MUST LAN- AR;; E-L 35 /{ ` " / / FORS 10 NSIRUCMON 5t)MAS IN EFFECT AT THE MME OF UNSIR SC110N AND ARE URIECi TO FSkNUE== MRAM TO m°s, "ANDMOS. THIS APPRAWL HALL E Vw° ONLY IF A' `I(.\Q,BO/' C IDE reELL1Y 60M0HDEVELOpMENi MAP 15 FlLE➢ WILD M�COUNTY C N WRHIN AM °F THISUMTE. CONSENT IS HEREBY c CENtl FOR SEES DUNG F THIN MAP N WHICH THISOEN- Z �,FS. OORSEMEM RPEVi511IN THE OFFICE F THE COUNTY LLRN IN ACCORDANCE WITH PRON9AN5 F Y I El l\` , U - Y`` THE PRMC m W AND ME UfFOL% COUNTY SANITARY CODE a ____ __ 25 ` `'. / ,__ `S \ �` i o idJYf A UP �`` `` i ' Is, � ''�\ 11 "I'S O ] O>.T ` NOD. / ly Bs Dip. 7�M, O ] l0 I j N ANLF .9 F MO MINE. P.E. U A?�'ob�s 9(` I lel c 1. �•. s DIRECTOR. OMSIDN OF ENVIRONMENTAL OUNJIY dexo F oI EL_20 A \� \\ \ yo IF, roar ` ] Wb`' ,tpO In O I� Y , 7000 S. �m O ✓ N 90'10'b0•E 5d. ` ___ ` • I M ' I 0 0- w� `\ =J PROPOSED HORSE �' (1` N va I P.O PoND CORRAL/PADDOCK IS ¢I° 6 y] 'ZIMoul'IOW i `\\ �G �i,osa £ MF O- .'M€ Y ~ ' 0 0 nlu=A., L ] TOTAL ARE4 OF SUBOIVISON.......12.454 ACRES PS CPH, 1I--�•i li ' p woLar rn ` v°,;9 ' Q,/' MINUS POND WETLANDS 1.54 ACRES z c f 11 ' L / \ / s0," F— POND z oa ea OO l LOT 1 1.23 ACRES o z° rv.tt xwu5E man)x s...0'TD GI9NGE BUI e N/F SEPENOSKI LOT 2 1.03 ACRES ` 'W x LI CYC IMIx ALL.wnBLE SEIR"CNs "F/NR . r^ `� n¢IAw7 G h pn TOTAL WETLANDS AND LOTS = 387 ACRES L/1 EA '60 _ 1I N SUBTOTAL = B 584 ACRES 20 , iso. 69 R BUILDING BUFFER AREA = ACRES ro' C \ _ h; LOT 3 / F TOTAL AREA REMAINING IS 7.854 ACRES `w o d% I rout mr MG = 10.19 Awes rl pELIN,.FATION / PERCENTAGE OF AREA REMAINING TO TOTAL AREA = 63.06% �� z i �' "°'° i ______ / ' FRESH WATER o IIIb CS , WETLANDS BOUNDARY o b�'ryry ciN a � '--tDa—,L.' liSOTw, 7 . N, N� o ACCA 254 APE2,4EAP y. N/F SEPENOSKI I AO A09 G p i m ss£ 'iEAS N C AO2 2 ' W ¢ 51, AS PER DEG. OTTER jp CHO°fIV 341. IS WSry u' ' ro. 40'10'00"W z ' IJ. RATED MASIN A THIS, F&W to �8. i I.L 1 RDUNRWY MARE. BY H]'ssw u > \ PAUL CARELU.CONSEINAM°N II 5I 1]iW ID!5' OLDSMIiH'S INTEL �*' 20.79 t32A 100' WIDE \ 4 ' \ ADE,% WMAAGS 1.CN oosow XIS ] " (rsmwG A ED su6Jwr + 9 I \ FF°M SURVEY DE a PARCEL N .ASO \` \`OODEMOC gAE MVL MTF) Is v�'IC., Im. III 1'1 \ WETLANDS AREA A]. N F omx = 67,025 SF DT�•� hI s MILL�RO 0W o E°'T �`` OR 1.54 ACRES i lre>. 25 E A NO WELLS OR CESSPOOLS WITHIN '] `,?O I' 1 11 0 �, \1 N/F SEPEyUSKI Ia�a Asa' OF THIS sueDlvlsloN ,o:,� . ,r 1 KEY MAP NO WELLS Of; CESSPOOLS WITHIN ; SALE I"-UM T Sr I i 5 5 0 150' OF THI9 SUBDIVISION "w NOTE CLEARING AND GMdNG MUTN EACH LOT SHOULD OF THE AMOUNT OF CLEARING AT.. BY TOWN CODE Is AS FCMOWE IT I 12 WATE ti LIMITED TO THAT WHICH Is NECLUSERY FOR SITING LOT 1 50% l I . R 3 ANO CONSBUCMNG A HOUSE WITH THE IMEM OF PRE- L F SERVING MUCH OF ME NATURAL VEGNGI& ON iNE LOT 2 509 Ill MILL SITE AS PoSSIBLE. ANO TO MINIMIZE ST°EMM ER RON- p l ROAD ry), OFF AND EROSI.N 'YO I HEROME COM MAT ME URVEY OF Pl.PIl SH N HFAEON WAS NE BY M D THE Po51 O M MENR SHOWN HWAS q ORRECT. SURVEYED12 AUGUST 1999 SCALE 1"= 100' TYPICAL WELL AREA = 542,498 S F. GUARANIEEs INDraTED £G, $HALL RUN NOT TO SCALE OR ONLY M m£PERSON FOR WHOM, THE SURATsPEOFICAVONS 12.454 ACRES 15 PREPARED, AND ON NIS BEHALF TO THE IE" IN FlNINHED CMDF n]LE GBMPANY GOVERNMENTAL AGENCY, I MINIMUM SCREEN LENGMI B1.E D ] FEEL LENDING 'MSTIiUTI°N. IF LISTED HEREON, ANO 2, PIIlESS ADAPTORS RECALL BE USED ON ALL WELLS TO THE ASSIGNEES OF MlE LENDING INSTITUTION 3 WATERTIGHT AMPARY WELL SGLS OR CAPS MUST BE USED AT ME TOPS OF CASINGS CUAft1NrEER ARE ACT TRANSFERABLE TO e2 GLLLONA n OR PII E UNIIN. WHICH MUST BE R DUMP 1° INCNEN ABOVE GRADE AOCITIONAL INSMIDM°NS OR $UBSEOUENP OWNERS Sro NR p { AT°APS MUST.1 MINIMUM MEASURE EOF 20 PSILD A WHE A OFFS ENTAL"PRESSUREE IS OFP T DP 20 P9 SURVEYED BY GASG 5 AS.INGS MUST BE WIDE OF STANDARD MEETING OF DR AS. STANJOBAS EIGM STAINLESS, (JE GILVANIZEO STEEL STANLEY J. ISAKSEN, JR. UNAUMORIZ£D ALTERAM°N DR ADDITION . MILS 6 WELL SCREEN TO BE STAINLESS STEEL P,D, BD 294 SURVEY IS A A CATION OF SECTOR 7209 OF ] U LL LINE FRAM WELL TO OUIIWING TO BE 75 INCHES IN AMMETER AND SPETALLEC ME NEW YORK STATE MAGOON LAW AT TER T sn ITCHES 9EE 'FINAL GUAPER A NEW SU FOLK. N.Y. 1 1956 GROUND e. WEAR I/NES ER BE ttPE "N"Y AT Ofl HIE"PSIDENEDYAND AFLUORPPROACH HFOR(ADEPS PIPE TO BE WATER RATED SIBI£ PUMP WAiERLSU E115"S'ASTM RAIFR Ai IFAST 160 P51 AND APPRO✓En FOR POTABLE 631-7 4- 35 COPIES OF MILS SOR E MAP NOT IDS.SEATS - PON AT 5 MNHRENS, ME INV° SURVEYORS EMBOSSED SGL SHALL PFR MINUS MIN. NOTE _ NOT BE CONSIDERED RI BEA VALID TRUE 8. IS JUL Cfi TWEED AS PER LETTER FROM PLANNING BOAR) T° COP, AFT,COPY U "MERE ME N. POTENTIAL SOURCES OF F PIERS FEWCARTACTIONWELL WTNIN 150 FEET OR 5 24 APR DE DAMPLY WITH OT 1. FROM THE T°WN PLANNING UTE A PAPS APRIL 11, 4006. OM/NAGE srflULTRES WHEN 50 TER OF TIE PROPOSED WELL" 6 O] NOV 05 RECONFIGURE LOT 1. ADJUST AREAA' LOT d, RECOMPUTE AREA REAMIN PE ] O6 GATT 05 RECONFIGURE LOTS TO ORIGINAL PASRION AND MTAs. RECOMPU6 OPEN SPACE MG'S z 11 JULY 05 SHOW DRAFT, TRGOs KENS LA YOR 1. n JULY 05 sx)w L)rs rs5c.rvncureEO NYS Li No. 4 99R822-3 TEST POPE BY W1`OMALN "°£"`"" MINOR SUBDIVISION CLUSTER MAP ANPn, Yr ON A, ,uxw6r 20MBI C FIRST FLOOR OF SAVITS ORIGINLL GROUND F1 dR 0 9RGN'N UDAN SAND SM I MIN, SITUATE Q POND EL 360 FINISPM1'MIN. iti& BRAME H, M�. PECONIC, TOWN OF SOUTHOLD NUNOAnCOVEF ' -� -` WALL ON I/4'/FOOT POOR FIN SUFFOLK COUNTY, N.Y. PRE .1 IRA ENE TSW. A INV A. MIN _ EL " IL 33"V. CESSPOOL COARSE SAN° "A1`\1; Q�`.�_ EL J4.0 INV O o \ `•� \? EL JJ z o, '\ ` \. 3• 1/e' PER FDar Plrcl SURVEYED FOR: BARRY SAVITS A M°" '; "'" .APPROVED SKETCH PLAN q,l' GRGux°ORGU �y. \\ ` `\` O'^ IBRD cALLaN sEPnc rnrvN HIGHEST ENPECIEG GROUNDWATER `I `` `\\ EXPECTED AT EL 15 7 RAN AGIIY ,n \ \\ D/O� J \ 2 T ZONED R-ao GUARANTEED TD FINE w PAI£ eRNO mmm� ' / ` \` ` j� NOTE ELEVATIONS SHOWN ARE FOR ILLUSTRATION ONLY. BARRY SAV TS FINE To coxsE snx0 sv N/F SEPENOSKI io iPPi Y. FOR SCDHS USE ONLY o n ".1 cFRE H OUT THE WATER sUPPLYE)AND/oR SEWAGE DWWI N LAG A x115 SUI AND WEREHARR 0£SICNOR Al NE UNDER MY NR£C//°N �f,, RASED GPoN A CARENC AND S PREIR STORY OF xl£SO PISE AND CRCAO L \ y N 1 1\ ` y WATER LONd BE ALL LOIS AS PROPOSED, L°NFE TO INCSUFFIXN COUNTY N ;� o \ THPS a GF HUL s RWL x LTNsm roN ET ND Ds 1N F n s of SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES L; - . I572 ' ADMAN ESCHETII. PE ADPP GE. NY %, 0 � 1 y5 \ / ) s )z5 H0fl9 AS.POND` "AFINTL9.ry ATHIS IS M MONEY THAT ME PROPOSED REALLY SUBDIVISIDN OR DEVELOPMENT MR LED L` , i Ix mE wxx A TarAL aF TITRES LGrs wAs LD m 1 3 ` c V` Ty-N ' ` MPRGVED ON THE ALONE CAPE WATER SUPPLIES ANO SEREMGE DISPOS4 AGILRIES MUST CAN-FORM TO CONSIRUCn°N n/NN4R S IN FEENT Ai THE ONE OF CONSTRUCTION AND ARE SUBJECTUj , ` \ 5 , 2 / / I iToSEPARATE PERMITS PUREAIF TO THOSE STANDARDS IRIS APPROVAL SHALT BE RATIO ONLY IF` \ 'F \ E RELLPr sueON51oN/OFVELOPMFM MN Is DULY FII£O WITH THE COUNTY CL£RR w°wN BAD ` w,, n Z Q I O7``V \ •'2(4 M' ']i l YEAR O£1XIs MrE c°xSENr Is xEREBv CASA FOR TOP Fluxc OF IHIs MAP ON wxlcx TMs Erv- g ME NREM APP FMS IN RTE OPACE OF ME COUNTY CLERK IN ACCORGANCE WITH PROVISIONS OF � I EL 25 �`�\ `�\\ `•� G,� ,t��__ `_``'30Y0� ,�' i p Fueuc HEALTH uw.w0 LCE su£FOIx c°uxm sw°ARr COTE �L_____` P' S THE .. ' zD \o�G, m ,h°>.r"A2'2po. ( 'k zW 86' �S• 3 07____EL �" gCR4 i 97 FO AN AMA.. PE 1 \ 'P �' 14' 'PATS 4• i w F S o1REmoR. DIWsaN IX ENVIRoxMExrR Du,um I �+ I EL_20 ` 1 NO1L1. _- I 7�O'OOROS. NOEL N BO' 0'd0"E 156 `` 1 M � w� -- PROPOSED HORSE O1n 1 6 m 50 M-1 L mux p cEssaoDt' POx0 CORRAL/PADDOCK o 11 OF Y LC L ._ ___ y woI"'mnwAimL L` FED wo /1 1 •x "` Lo'� I TOTAL AREA OF SUBDMSON._....12.454 ACRES mI� m 0o m Im Fs Tn \ P ., ��Q r7 MINUS WETLANDS.... 154 ACRES uz S RIF 0. 1 .04 O.O,, POND 2 .03 r. O `\ 'I LL'- NOTE -'BE LTCADON SUJEcr TD CHANCE Aur °� L ' N F SEPENOSKI LOT 1 1.23 ACRES ���A-\\ yp MMIN ALLOWABLE SETBACKS d' / LOT 2 1 03 ACRES vl 5 ? v4' i=4L' I N ]4 2 `\` „ ;v /I N� TOTAL WETLANDS AND LOTS = 3.87 ACRES SUBTOTAL = 8.584 ACRES US W BUILDING SUFFER AREA = 73 ACRES NLn° ,w o i O� LST Z \ TOTAL AREA REMAINING IS 7.854 ACRES 1 J I DE.LINEATIOR, PERCENTAGE OF AREA REMAINING TO TOTAL AREA = 63.06% �� o S� :L.rmlxx.x. "°'° I --------- ' FRESH WATER z I pO °o" ,1n:m,x 'WETLANDS BOUNDARY �vw g N� N/F SEPENOSNO AO. As9N o A m. W 1NNYE iEll DO ���FL F5 1 Ty NIv O: i onw« AS PER OEc. LETTER a S 40'0.790"W �• r'J 'S L\\ °i"1 AR EDB E AT GATED BOB V, SAII, `TsMrguw m' comsMlM's INLET L!'N 1 3 : \ TmLocls1,, wETUN..TOREN / (PEc°xIc INIF1) suBJECT + Q I 1 FRO. SURVEY OF I PARCEL l)' \ \RODERICR VAR nM OATFD QS 1 'fyG, 7, 1995 IG XlIU9W IOaA N W � L L AI. � < �1NETLANDS AREA „h`L59 L = W,O25 s F. = ROAD i W MILL EL 25 IL OR 1`54 ACRESIzI:� a4 i NO WELLS OR CESSPOOLS WITHIN 1' �� ,\Li IL N/F SELF SKI Iso' of THIS suaolvlsloN KEY MAP swE '-`°° NO WELLS WITHIN 150' OF SUBDIVISION NOTE CLEARING ANO GRADING WITHIN EACH LOT S"OULD BE Rely C lO l A1� u.. To THAT WHICH IS NECEs£AN FON SUNG ' . � �. � WATER AND CONBRA PNC A HOUSE WITH THE INTENT OF PRE- '^ SERVING AS MUCH OF THE W.IDRAL VLGETADON ON THE .jo MILL SCE AS POSSIBLE. AND TO MINIMIZE SRIRMWATER RUN- 1 ROAD ry� OFF AND ERGSI N " `PO I HEREBY C FY THAT TME s°RVEY OF PROPERTY SHAWN HEREON DO E BY E ANA THAT ME PO BOB OF MONUMRxS SHOWN DERCALLY CORRE SURVEYED: 12 AUGUST 1999 SCALE 1"= 100' TYPICAL WELL AREA = 542,498 S.F. GUARANTEES INDI.. HERE°N SHALL R N NOT TO SCALE OR ONLY IU THE PERS°"FOR WHAM THE SURVEY SPECIFICATIONS 12.454 ACRES IS PREPARED, AND ON HIS BEHALF ID THE IB' MIN. LIRE COMPANY GOVERNMENTAL AGENCY, FlNISHED GRADE I MINING. SCREEN LENGTH SHALL BE J FEET LENNON INSxNR°N E LISTED HEREON, AND 2, PRLE3S A0.MGR5 .1 BE AS. ON ALL WEELS. TO ]HE ASSIGNEES OF 1H£LENDING INSTITUTION J WAI EARGNi SANITARY WELL SFAs O C,Ns Mus! BE usEO Ai THE TOPS OF CASINGS GUARANTEES ARE NOT TRANSFERABLE W R2 CALLDN OR PRESS UNITS, WHICH MUST BE AT HALT IN INCHES ABOVE OWE, ADDITIONAL INSTITUTIONS OR SUBE£BUENF OWNERS STORAGE FNK A. PUMPS MOST M EQUIPPED WITH A PRESSURE SWITCH THAT IS ALL TO OPERATE 12 T A NINIMUM PRESSURE OF 20 OR WUR A DIFFERENTIAL PRESSURE OF 20 PSI SURVEYED BY S ANDIRL NEiTINA,HE OR°AS BE "AMNO PRU°s ROBOT STROU.S. OR GAL 11. STEEL STANLEY J. ISAKSEN, .1R. SURVEY RV UNAUTHO32A° ALTERATION OR N°TION °F SECTION °AI TO 2209 OF THIS T hRISO RUNE To BE DAN WELL TO BULESS ILDIL SONG TO BE .I5 INCHES IN DAMEIFR AND IN£TRLED P.O. BOX 294 1 G ME NEW YORK STATE EJUC9x°N UW I AT LEASTF GRADE GROUND 0 WATER LINES IRIGH°E OFF 'W'CR nARPER OR HIGH DENSITY PLASTIC (PLASM PIPE TO BE NEW SUF DCLK, N.Y. 1 1956 WATM SUBMEAR, PIMP WABMLSLrNM'R ASUBM BATCH AT IFAST 10 PSI AND APPROVED FOR PGTABI£ 631 —7 —JS 5 COPIES HE MIS SURVEY MAP NOT MARIAN - R NO AT 5 ONIONS ME URN SU/NEYORS EMBOSSED SEAL SHALL PER DEBBIE MIN, HOT R£CONSIDERED TO BE A VALID FRU£ NOTE' COPY ' THERE ME NO POTEMAL SOURCES OF SANITARY COMANINAMN WITHIN 150 FEET OR 1 OJ BAY 05 RECONFIGURE LOT 1. ADJUST AREA LOT J, RECOMPUTE AREA REMAINING RAIHAGE STRUCTURES WIDIIN 5° FEET QF THE PROPOSED WELL' ] 06 OCT 05 RECONFlCURE LOTS M ORIGINAL FASHION ANN ARDS, RECOMPUTE OPEN SPACE AREA'S — 2 2zJULY Qs FIRST DRAFT. TRANG CENSE LAN SU R I. 11 JULY°5 SUCH LOTS RECONFIGURED NYS Lic. No. 4927 99R822-3